Page:Federal Reporter, 1st Series, Volume 10.djvu/400

 388 FEDEBAIj BEPOSTeB. �they are, therefore, held accountable for them as if put upon the mar- ket. The complainants' damages in this case are, then, 75 cents upon 1,000 yards, equal to $750, for which a final decree will be entered in their favor. �. In No. 35, April term, 1879, the respondents made 53 pieces of the Chinese Lantern pattern. of 50 yards eacb, but sold only 35 pieces, the rest having been sealed up by the marshal. �The complainants' damages in this case are, therefore, 75 cents upon 1,750 yards, amounting to $1,312.50, for which a final decree will be entered in their favor. ���MallEY & Co. V. CULLIFOBD & ClARE,* (Circuit Court, E. D. Louisiana. December 23, 1881.) �1. ADIinKALTT JUBISDICTION — ChARTER-PaRTY— MARITIME LiEN. �A maritime lien is not essential to give the courts of the United States admi- raltf jurisdiction. In the charter-party in this case there is a complete contract for maritime services to be rendered ; it is a maritime contract, and the Umted States courts have jurisdiction over an action for damages for its breach. �2. Charthe-Partt— Canobllation of Contract. �The notification by the libellants to the defendants that they would hold them in damages for non-compliance, atid the refusai of the libellants to give ordera after the tirae for fulflUing the contract had expired, are not good grounds for construing the charter-party to be cancelled. �The facts are set forth in the opinion of the court. �Thomas J. Semmes, for libellants. �John A. Campbell, for defendants. �Pardee, C. J. The record shows the following facts : �(1) That June 12, 1879, the parties eutered into a contract of charter in the terms f ollowing, to-v/it : �"It is this day mutually agreed between Messrs. Oulliford & Clark, owu- ers of the good screw steam-ship called the Romulus, or beat of similar size, of 1,442 tons gross register, and 922 tons net register, say from 4,000 to 4,500 �baies cotton, now whereof — is master, of the one part, and Messrs. �J. H. Maury & Co., of Mobile, marchants and charterers, of the other part, that the said ship being tight, staunch, and strong, and every way fltted for the voyage, shall, vs'ith all convenient speed, having liberty to take outward cargo for owners' bonefit, but not West India or infected ports, proceed to the South- west pass or Key West, at captain's option, for ordera, to be given immediately upon arrivai, to load at Pensacola or Mobile, one port oiily, or so �*Reported by Joseph P. Horuor, Esq., of the New Orleans bar. ��� �