Electro-Dynamic Co. v. The Electron
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This was a libel by the Electro-Dynamic Company against the yacht Electron, James Bigler, claimant, to recover a balance alleged to be due of the price of certain supplies and repairs.
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Appeal from the District Court of the United States for the Eastern District of New York. This was a libel by the Electro-Dynamic Company against the yacht Electron, James Bigler, claimant, to recover a balance alleged to be due of the price of certain supplies and repairs. The claimant filed a cross libel in personam to recover damage for an alleged' breach of the contract under which the repairs were furnished, and the court granted a stay of proceedings on the original libel until security was given for the damages claimed under 1he cross libel. 48 Fed. 689. Afterwards the case was heard…
1Opinion of the Court
SHIPMAN, Circuit Judge.
James Bigler of Newburgh, N. Y., was the owner of the Electron, an iron yacht of 37 feet in length, which was supplied with electrical motive power. He lengthened her to 75 feet by cutting her in two and filling in the space with the same breadth of beam. On February 28, 1891, he accepted the written offer, dated February 17, 1891, of the libelant, the ElectroDynamic Company, a corporation of Philadelphia, the important portion of which was as follows:
“I have just seen Mr. Bates, who confirms the rough estimate I made to you the other day in answer to your request for a…
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