North German Lloyd v. Mexican Petroleum Corp. of Louisiana

BRYAN, Circuit Judge.

This is an appeal by an ocean carrier of freight from a decree in admiralty awarding damages to a shipper of asphalt as for breach of contract of carriage. The controversy involves only a single shipment of 1,250 tons. The decree *47was for the difference between the alleged contract rate of $4.50 per ton and the higher rate of $6.72 per ton, which the shipper was obliged to pay to another carrier. The question raised here.is whether the trial court erred in refusing to dismiss the libel on the ground that the alleged contract between the parties was void for lack of…