Peterson v. Eight Hundred & Sixty-Nine Cedar Logs

TOULMIN, District Judge.

The freight due the shipowner for carrying and delivering goods is sometimes payable according to the weight or measurement of the cargo, and sometimes payable in a lump sum. 7 Am. & Eng. Encyc. of Daw (2d Ed.) 251. By the contract in this case the freight was payable in a lump sum, and the cargo to be carried from Santa' Cruz, Cuba, to Mobile, Ala., was “round cedar logs, to consist of 60,000 feet.” The freight was payable in a lump sum of $720, not for a part cargo,of round cedar logs, but for 60,000 feet of such logs. The iibelant was paid the $720, on delivery in…