Continental Coal Co. v. Birdsall
Court of Appeals for the Fourth Circuit
Appeal, from District Court of the United States for the District of Maryland. The schooner John B. Manning, of 1,130 tons burden, was chartered to the Continental Coal Company, February 17, 1900, to carry a cargo of coal from Baltimore to one of several Eastern ports, at the option of the charterer, who contracted to “provide and furnish to the said vessel a full and complete cargo of coal,” and to pay freight at the rate of two dollars per ton to Boston or Portland, and…
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Appeal, from District Court of the United States for the District of Maryland. The schooner John B. Manning, of 1,130 tons burden, was chartered to the Continental Coal Company, February 17, 1900, to carry a cargo of coal from Baltimore to one of several Eastern ports, at the option of the charterer, who contracted to “provide and furnish to the said vessel a full and complete cargo of coal,” and to pay freight at the rate of two dollars per ton to Boston or Portland, and more or less to other ports named. At the date of the said charter the Manning was bound to Boston with a cargo, and when…
1Opinion of the CourtBrawley, District Judge
The appellant having agreed in the charter party “to provide and furnish the vessel a full and complete cargo of coal,” and this contract being unqualified, and being expressed in plain language, the testimony offered has been objected to on the ground that there is no uncertainty in the meaning of the language used, and that the terms of the written contract cannot be varied or changed by parol evidence. The grounds upon which testimony as to usage is admissible in a case of this kind is that such evidence is necessary to place the court in the situation in which the parties were when they…
2Cases cited2 opinions
- Bliven v. New England Screw Company.Supreme Court of the United States · 1860
- Brown v. Gill & Fisher, Ltd.District Court, E.D. Pennsylvania · 1892
3Cited by6 opinions
- Ft. Morgan S. S. Co. v. Baltimore & Jamaica Trading Co.Court of Appeals for the Fourth Circuit · 1922
- United States Shipping Board Emergency Fleet Corp. v. LevensalerDistrict Court, District of Columbia · 1923
- Washington Brick, Lime & Sewer Pipe Co. v. AndersonWashington Supreme Court · 1934
- Hellenic Lines, Ltd. v. Director General of the India Supply MissionCourt of Appeals for the Second Circuit · 1971
- Luckenbach v. 500 Tons of Scrap IronDistrict Court, E.D. Pennsylvania · 1914
1 more not listed; retrieve them via the Exa API.