Luketa v. American Packing Co.

In 1915 a contract was entered into between the plaintiff, his brother and the defendant corporation, for the construction and equipment of a fishing boat to be known as the ' ‘Boston II.” Large advances were made by the defendant. The boat was used for fishing in the year 1915, and upon its return, the fishing net was stored at the defendant’s cannery pursuant to a custom of allowing fishing boats, which delivered their catch to the cannery to store their nets from season to season.

In 1916 trouble arose between the parties, and the defendant, deeming itself, under the contract, the owner of…