Williams S. S. Co. v. McLeod Lumber Co.
District Court, W.D. Washington
In Admiralty. Libel by the Williams Steamship Company, Inc., against the McLeod Lumber Company. On exceptions to amended libel. An amended libel in personam is filed, alleging execution of a contract to transport 300,000 feet of lumber from Tacoma to New York City, to be loaded about June 2, 1923, and another contract to transport 121,000 feet of lumber from Tacoma to Portsmouth, Va., to be loaded about June 5th, both shipments to go on the same vessel.
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In Admiralty. Libel by the Williams Steamship Company, Inc., against the McLeod Lumber Company. On exceptions to amended libel. An amended libel in personam is filed, alleging execution of a contract to transport 300,000 feet of lumber from Tacoma to New York City, to be loaded about June 2, 1923, and another contract to transport 121,000 feet of lumber from Tacoma to Portsmouth, Va., to be loaded about June 5th, both shipments to go on the same vessel. The contracts were executed April 9 and April 22, 1923, respectively. On or about May 30th, following, libelant advised respondent orally…
1Opinion of the Court
NETERER, District Judge.
While in mercantile contracts time is of the essence (Norrington v. Wright, 115 U. S. 188, 6 Sup. Ct. 12, 29 *928L. Ed. 366), the statement that the vessel would load “about June 2d” and “about June 5th” is a mere representation, and not a warranty (Hawes v. Lawrence et al., 4 N. Y. 345), and while “about” is i comprehensive term, and when used with regard to time may cover a considerable extent (James v. State, 40 Tex. Cr. R. 190, 49 S. W. 401), and has no definite trade meaning (Bennett v. Lingham [D. C.] 31 Fed. 85; Massari v. Forest Lbr. Co. [D. C.] 290 Fed, 470), it…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Sanders v. MunsonCourt of Appeals for the Second Circuit · 1896
- James v. StateCourt of Criminal Appeals of Texas · 1899
- Connell Bros. v. H. Diederichsen & Co.Court of Appeals for the Ninth Circuit · 1914
- Bennett v. LinghamDistrict Court, E.D. New York · 1887
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