By a charter party dated 1st July 1884, made between the plaintiff and defendant, it was agreed “that the plaintiff’s vessel ‘Pioneer,’ ‘now lying at Capetown,’ should sail for Jones Island direct and load a full and complete cargo of guano, to be supplied by the defendants, and after the loading of the said vessel the said vessel was to proceed to Hamburg.” The vessel was not lying at Capetown at the time the contract was entered into. There was no evidence to show that it was a matter of importance where the ship was at the time the contract was made.