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CARY-DAVIS TUG & BARGE CO. v. FOX

No. 5223.

22 F.2d 64 (1927)

CARY-DAVIS TUG & BARGE CO. v. FOX et al.

Circuit Court of Appeals, Ninth Circuit.

October 17, 1927.

Attorney(s) appearing for the Case

Lawrence Bogle, Cassius E. Gates, and R. Kline Hillman, all of Seattle, Wash., for appellant.

Daniel Landon, William H. Pemberton, and Roy D. Robinson, all of Seattle, Wash., for appellees.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

The Commercial Boiler Works entered into a contract with the Cary-Davis Tug & Barge Company, wherein the former agreed to install two fresh-water steel tanks in the aft part of a tug owned by the latter. The contract contained the following stipulations, among others:

"The whole job will be completed by the contractor and the tug returned to the owners in as good condition as it is to-day. Any parts removed by the contractor in order...

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