Sanday v. United States Shipping Board Emergency Fleet Corp.

HAND, Circuit Judge.

The libel was foi damages arising for the respondent’s failure to tender in season a ship under an oral contract of affreightment, in which the libelants were charterers. The contract was made on November 6, 1920, and was stipulated to have been as follows:

“The libelants agreed to ship and the respondent agreed to carry a cargo of 6,000 tons of wheat, 10 per cent, more or less, -from Galveston to Rio de Janeiro, by a steamship to be thereafter declared by the respondent. By the terms of the contract the libelant had the right to cancel the contract if the vessel to be…