SAUSE BROS. OCEAN TOWING CO. v. Gunderson, Inc.

Plaintiff commenced this action to recover $10,800 from defendant under the demurrage provision of a contract of affreightment. Defendant’s answer consisted of a general denial and three affirmative defenses. The case was tried before the court sitting without a jury. After making findings of fact and conclusions of law, the court entered judgment for plaintiff in the sum of $800, based on two days’ demurrage at $1,800 per day less $2,800 setoff as hereinafter discussed. Plaintiff appeals and defendant cross appeals.

Plaintiff is a private ocean freight carrier, and defendant is a…