AMERICAN CEMENT CORP. v. HEALY TIBBITTS CONSTR. CO.

No. 21149.

371 F.2d 525 (1967)

AMERICAN CEMENT CORPORATION, Appellant, v. HEALY TIBBITTS CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

January 17, 1967.


Attorney(s) appearing for the Case

Lawrence D. Bradley, Jr., of Lillick, Geary, McHose & Roethke, Los Angeles, Cal., for appellant.

Robert Lewis, Jerome O. Hughey, of Overton, Lyman & Prince, Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG and DUNIWAY, Circuit Judges.


PER CURIAM:

Appellant chartered its barge to appellee by an oral charter, evidenced in part by appellee's written purchase order. The deal was negotiated between appellant's Mr. Dunn and appellee's Mr. Smith. The purpose of the charter was to haul rock, sold by appellant to appellee, from Catalina to appellee's job site at Imperial Beach. En route, the barge was damaged by peril of the sea, without fault on the part of either party.

Dunn testified, in substance...

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