Page:Federal Reporter, 1st Series, Volume 1.djvu/188

 180 ?EDEEAL EEPOBTER. �Schumacher & Co., but they refused it as it, contained tb.B ■words "sailed or loading at Benizaf," which they claimed yf&z not the agreement. Another charter-party was then executed by Gregg & Co. containing the words "sailed or about to sail from Benizaf," which was accepted and agreed by Schumacher & Co., and that is the contract under which this controversy arises. �It appears that during the negotiation Schumacher & Co. endeavored to get a stipulation inserted in the charter-party that the vessel would arrive in time for the August shipment, but that was refused. It also appears that in the printed charter-party used there was a stipulation in this language : "Charterers to have the option of cancelling this charter-party �should vessel not have arrived at loading port prior to .'* �This was erased by drawing a pen through it. �The portions of the charter-party material to this litiga- tion were as follows : �Philadelphia, August 1, 1879. �"It is this day mntually agreed between T. H. Davidson, Esq., owner of the British steamship ' Whickham,' of London, built 1876, at Newcastle, of 1124 net tons register, or there- abouts, classed 100 A. 1 in British Lloyds, now sailed or about to sail from Benizaf witk cargo for Philadelphia, and Messrs. A. Schumacher & Co., that said steamship being tight, staunch and strong, and in every way fitted for the voyage, with liberty to take outward cargo to Philadelphia fôr owner's ben- efit, shall, with ail convenient speed, sail and proceed to Phila- delphia or Baltimore, at charterer's option, after discharge of inward cargo at Philadelphia, and there load from said •charterers, or their agents, a full and complete cargo of grain, «te, etc., and being so loaded shall therewith proceed to ■Queenstown, Falmouth or Plymouth, for orders to discharge at a safe port in the United Kingdom, etc., and deliver the flame on being paid freight, six shillings and three pence ster- ling per quarter of 480 Ibs., etc., in full of port charges, etc., (the acts of God, restraints of princes and rulers, the dangers of the seas and navigation, accidents to boilers, machinery etc., always excepted.) Fifteen running days, (if vessel not ��� �