Page:Federal Reporter, 1st Series, Volume 2.djvu/274

 WEIBTB ». DEEBSEL. 267 �The mere loss of an opportunity which miglit or might not have led to a profitable employment is too uncertain and speculative a damage on which to base a claim for breach of such a contract. �There was undeniably a breach of the charter-party. The ship was not consigned to Dressel, Eauschenberger & Go. as Bgreed. But if the ship had been consigned to them "free of commission," they would have acquired no legal right to per- form any service or make any charge in respect to her, and the master could at any moment have deelined to allow them to attend to the ship's business ; and the fact that he then might have found it difficult to get another ship-broker in Baltimore to serve him does not, I think, alter the resuit. �I therefore pronounee in favor of the libellant for the amount of the freight, with interest ; but as there was a breach of the charter-party, and the owner should not have allowed the stip- ulation to be put in the contract if he did not intend to ob- serve it, I yield to the suggestion of respondents'proctor with regard to the costs, and shall give no costs. ����