Cary-Davis Tug & Barge Co. v. Fox

RUDKIN, Circuit Judge.

The Commercial Boiler Works entered into a contract with the Cary-Davis Tug & Barge Company, wherein the former agreed to install two fresh-water steel tanks in the aft part of a tug owned by the latter. The contract contained the following stipulations, among others:

“The whole job will be completed by the contractor and the tug returned to the owners in as good condition as it is to-day. Any parts removed by the contractor in order to do this work will be replaced by him. If the contractor by any chance damages the tug in the performance of this work, the damage will be…