Giovanni Aliotti and Sebastiano Aliotti v. United States

HEALY, Circuit Judge.

In February of 1942 the United States, acting through the War Shipping Administration, requisitioned appellants’ motor fishing vessel Sea Star (a boat of 107 tons gross register) under authority of 46 U.S.C.A. § 1242. After taking possession a bareboat charter party, dated March 23, 1942, was executed by the parties. The charter provided among other things that, unless actually or constructively lost, the vessel on redelivery to the owners was to be restored by the charterer in a condition at least as good as when delivered to it, less ordinary wear and tear, or in lieu…