Page:Federal Reporter, 1st Series, Volume 1.djvu/189

 ?0N LINOEN V. DAVIDSON. 181 �eooner dispatched,) commencing wnen vessel is ail ready and prepared to receive cargo, and written notice thereof given to charterers, to be allowed for loading and discharging vessel, and if longer detained cjiarterers to pay demarrage at the rate of 40 pounds British sterling, or its equivalent, per day. Penalty for non-performance of this agreement, esti- mated amount of freight." �It further appears from the testimony that on the eighth day of August Schumacher & Co., having become uneasy atout the "Whickham," got Gregg & Co. to send a cable message to the owners for information, and on the ninth day of August, learning that she had just that day passed Gibraltar, they concluded that she would not arrive in time for their purpose, and determined to look for another vessel, and on the six- teenth day of August chartered another steamer, at an advance of nine pence a quarter, she being the only other steamer wbich could be obtained suitable for the purpose. �The "Whickham," arriving in Philadelphia on September 2d, discharged her cargo of iron ore with dispatch, and sailed for Baltimore on the 7th, arrived in Baltimore on the 9th, where she was tendered to Schumacher & Co. on September llth. Schumacher & Co. refused to load her, and filed their libel in personam against the owners, for their damages in being obliged to charter another vessel at a higher rate, alleging that the "Whickham," at the date of the charter-party, had not sailed nor was she about to sail from Benizaf, and thatby reason of the breach in said contract and warranty, and the delay in the arrivai of the steamer at Philadelphia arising therefrom, they were not aiiorded an opportunity of loading said steamer with grain, either in Philadelphia or Baltimore, during the month of August, whereby they had sustained $2,000 damages. �The owners of the "Whickham" answered, and also filed their cross-libel, alleging that on the day of the date of said charter the steamer was about to sail from Benizaf, and did proceed with ail convenient speed to Philadelphia, and hav- ing discharged her inward cargo did, in accordance with said charter, proceed to Baltimore and was ready to receive cargo ��� �