Fairmont Shipping Corp. And Fairwinds Ocean Carriers Corp., Owners of the Steamship Western Eagle v. Chevron International Oil Company, Inc.

Judge Smith’s thorough and scholarly analysis of the historical development of the Ryan-type warranty demonstrates that we are not here confronted with such an indemnity but with an implied obligation arising out of Chevron’s contract to provide tug assistance. However, I do not agree with the majority’s interpretation of the nature and extent of that implied obligation. Furthermore the proof is overwhelming that there was no breach of it.

Chevron did not contract to assume control over a dead ship. See, e. g., Tebbs v. Baker-Whiteley Towing Co., 407 F.2d 1055 (4th Cir. 1969); Todd Shipyards…