The Elfrida
Supreme Court of the United States
certiorari to the circuit court oe appeals for the fifth CIRCUIT. This was a libel m rem by the firm of Charles Clarke & Go., of Galveston, Texas, against the British steamship Elfrida, to recover the sum of $22,000, with interest and costs, claimed to be due them for services rendered in the performance of a salvage contract with the master, to release the Elfrida, then stranded near the mouth of the Brazos River.
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certiorari to the circuit court oe appeals for the fifth CIRCUIT. This was a libel m rem by the firm of Charles Clarke & Go., of Galveston, Texas, against the British steamship Elfrida, to recover the sum of $22,000, with interest and costs, claimed to be due them for services rendered in the performance of a salvage contract with the master, to release the Elfrida, then stranded near the mouth of the Brazos River. The principal averments of the answer were, in substance, •that the agreement was signed by the master under a mutual mistake of fact, or by mistake on his part, which libellants…
1Opinion of the CourtJustice Brown
But a single question is presented by the record in this case: Was the contract with the libellants of such a character, or made under such circumstan'ces, as required the court to relieve the Elfrida against the payment of the stipulated compensation ?
We are all of opinion that this question must be answered in the negative. Salvage services are either (1) voluntary, wherein the compensation is dependent upon success; (2) rendered under a contract for a per diem or per horam wage, payable at all events; or (3) under a contract for a compensation payable only in case of success.
The first and…
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- The KennebecCourt of Appeals for the Fifth Circuit · 1916
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