Page:Federal Reporter, 1st Series, Volume 10.djvu/788

 T76 FEDERAL REPORTER. �expect that rate of payment. That was no more than directing attention to the original contract, — an act of caution on the part of the libellant, as the rates were then much higher than $5 per day. Mr. Ramsay's answer was but a renewed assent to the original con- tract. Had the libellant intended to reject the old contract or to impose a new one at higher rates, or had he any right to require the removal of the cargo unless some new terms of payment were agreed on, he was bound to give intelligible notice of such an intention, and plainly to require removal of the cargo or payment of new rates. He gave no such notice and expressed no such intention. The original contract, therefore, remained, and he can recover according to the terms of the original contract only. �Although I have allowed a sum slightly above the amount tend- ered, in consequence of the extra size of the libellant's boat, the libellant is not, I think, entitled to recover costs, becauae he did not, at the time of demanding payment, make any claim upon that ground, and because, having gone with Mr. Eamsay to the representative of the Pennsylvania Eailroad Company and heard the "going rates" paid by that company for the period, he refused to go to the office of the Erie Eailroad Company, where alone the extra rate had been paid, and where alone that fact would have been ascertained. He claimed $10 per day for the whole period as upon a new contract, to which he was not entitled and which is here disallowed. �Decree for $51, and interest from December 6, 1879, without costs. ��� �