SANDAY v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORP.

No. 221.

6 F.2d 384 (1925)

SANDAY et al. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 2, 1925.


Attorney(s) appearing for the Case

Duncan & Mount, of New York City (Russell T. Mount, of New York City, of counsel), for appellants.

William Hayward, U. S. Atty., of New York City (Horace T. Atkins, Sp. Asst. Atty. Gen., of counsel), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge.

The libel was for damages arising for the respondent's failure to tender in season a ship under an oral contract of affreightment, in which the libelants were charterers. The contract was made on November 6, 1920, and was stipulated to have been as follows:

"The libelants agreed to ship and the respondent agreed to carry a cargo of 6,000 tons of wheat, 10 per cent. more or less, from Galveston to Rio de Janeiro, by a steamship to be thereafter...

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