Liberty Navigation & Trading Co., Inc. v. Kinoshita & Co., Ltd., Tokyo

I am in full agreement with all of' Judge FRIENDLY’S opinion for the majority except for that section which recomputes the damages to be assessed against the defendants. I would determine the damages by adding to the anticipated profits ($34,955.50) the actual loss incurred during the first 38% days-* of the substitute charter ($33,680.19), allowing damages in the total amount of' $68,635.69. Thus, I differ from the opinion of the majority in two respects.

I

The majority assumes that the recoverable damages are to be measured' entirely by the freight which would have-been paid on the cancelled…