How have courts dealt with the issue of contractual covenanted that the master be paid by an agent?

Alberta, Canada


The following excerpt is from Canadian National Railway Company v. Butler Manufacturing Company, 1984 CanLII 1154 (AB QB):

The problem of payment by an agent has arisen in charter party contracts. For example, in Marsh v. Pedder, the master of the ship let the ship for a voyage from London to Antwerp. The defendants covenanted that the master would be paid by the affreighters on delivery.

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