Darling-Singer Lumber Co. v. Oriental Navigation Co.

On the Merits.

McBRIDE, J.

This action involves the right of

plaintiff to recover money paid by the plaintiff to the defendant under protest, which sum was claimed by defendant for demurrage charges under a charter-party, by which the defendant agreed to carry a cargo of lumber and piling for plaintiff from Portland, Oregon, to Puerto Colombia, South America.

The findings of fact show that the parties entered into a charter-party by which plaintiff agreed to provide and furnish to the defendant’s steamer a full and complete cargo, 3,600,000 feet B. M., 10 per cent less ship’s option of sawn…