LOWBER v. BANGS


69 U.S. 728 (1864)

2 Wall. 728

LOWBER v. BANGS.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Curtis, for the owners.

Mr. S. Bartlett, contra.


Mr. Justice SWAYNE delivered the opinion of the court

The question is, whether it was a condition precedent, that the ship should proceed directly from Melbourne to Calcutta; or, in other words, whether these clauses constitute a warranty, or are merely a representation.

"The construction to be put upon contracts of this sort depends upon the intention of the parties, to be gathered from the language of the individual...

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