McDonough Construction Co. v. Tutt

DANIEL HOLCOMBE THOMAS, District Judge.

McDonough Construction Company, a corporation domiciled at Parkersburg, West Virginia, brought this libel against J. W. Tutt, the respondent, who maintains a place of business at Nanafalia, Alabama. Libelant claims $20,000 damages for breach of an alleged bare boat verbal charter party agreement, entered into on or about March 27, 1958, with respondent.

The pertinent terms of the agreement, as claimed by libelant, are that respondent hired four barges, each being free of latent defects and seaworthy in every respect, for use on the Warrior-Tombigbee…