Sixteen Hundred Tons of Nitrate of Soda v. McLeod

GILBERT, Circuit Judge.-

On the 16th day of September, 1890, the British ship Dunstaffnaage, then on a voyage to a South American port, laden with lumber, was chartered to J. W. Grace & Co., merchants of San Francisco, to bring nitrate of soda “from a *850safe nitrate port, as ordered by charterers, to San Francisco, Cal., direct.” The provisions of the charter party which are material to be considered upon this appeal are as follows:

“The said parties of the second part (J. W. Grace & Co.) do engage to provide and furnish the said vessel during the voyage aforesaid with a full cargo, say, nitrate…