DIETRICH, Circuit Judge.
In 1924, appellant, who was respondent below, being in need of facilities for transporting from one point to another on the Sacramento river sand to be used for highway construction, by letter dated March 18, 1924, addressed to one Ball, appellee's agent, offered to rent from the latter a scow and an oil-engine driven boat owned by appellee, upon certain specified terms. The proposal was promptly accepted, and both the boat and the scow at...
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