Sanday v. United States Shipping Board Emergency Fleet Corp.

WARD, Circuit Judge.

The parties have stipulated that there was an oral charter between Sanday & Co., the libelants, and the United States Shipping Board Emergency Fleet Corporation for a steamer to carry a cargo of wheat from Galveston to Rio de Janeiro, which necessarily implies that their minds met on all the essentials of the charter.

November 6, 1920, the respondent declared the steamer Afel under the charter party “November 15 canceling,” which, in view of all the facts, clearly meant that the charterers were to have the option of canceling if the Afel did not arrive at Galveston, the…