This was an action for debt brought by the owners of a ship against the hirers of the vessel. The hirers were under a contractual duty to redeliver the ship in good repair, but, owing to engine trouble, it transpired that to put the ship in good repair would cost over twice its actual value. The hirers accordingly tried to redeliver the ship without the full repairs being done. The owners refused to accept redelivery and were thus claiming the hire fees for the whole period during which the ship remained unrepaired. The Court of Appeal held that the owners ought to have accepted redelivery and thus were not entitled to sue in debt. They were entitled only to damages.