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OELBERMANN v. TOYO KISEN KABUSHIKI KAISHA

No. 4257.

3 F.2d 5 (1925)

OELBERMANN et al. v. TOYO KISEN KABUSHIKI KAISHA.

Circuit Court of Appeals, Ninth Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

McClanahan & Derby, S. Hasket Derby, and Carroll Single, all of San Francisco, Cal., for appellants.

F. Eldred Boland and Knight, Boland, Hutchinson & Christin, all of San Francisco, Cal., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The text-books are in accord in stating the rule that a condition in a contract of carriage requiring that notice of claim of damages be presented within a stated time may be waived by the carrier, either expressly or by conduct inconsistent with an intention to rely upon it, and that where a claim is presented after the time so limited, and payment is refused for reasons not involving the promptness of the...

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