Page:Federal Reporter, 1st Series, Volume 4.djvu/189

 AUDeNBeID »;W00DWAED. 175 �tered the Castalia, then at New- York, to proceed to Weehaw- ken for the cargo. Her master reported at the shipping of- fice of the Pennsylvania Coal Company, who were to famish the coal, on the plaintiffs' account, on the eighteenth of Febru- ary about 5 o'clock in the afternoon. The next morning the vessel was in readiness for loading, and the master demanded his cargo. It was not fumished him until the fourth of March. �After the bargain waa completed between these parties for the purchase of the coal, the plaintiffs telegraphed to the defendant, on the seventeenth of February, as foUows : "Pitts- ton Company cannot load before February 20th; therefore, offer off." As this was sent after the bargain was completed, it could have no effeet, unlesa sanctioned by the defendant. Instead of consenting thereto, on receipt of the telegram he at once replied: "I have assumed obligation to furnish the coal, and have chartered vessel for the same, and expect you to comply with your proposition ; " and this telegram he con- firmed by letter the same day. �The plaintiffs replied "that they would go to New York and endeavor to have the company furnish the coal," and on the 18th they advised the defendant, by telegram, "that the ■company would load the Castalia." Upon this state of facts, the contract being that the Castalia should be loaded by the 20th, and she being in readiness prior to that date, but the cargo not having been furnished to her until some days after, it is clear that this delay was oaused by the plaintiffs, or by the company from whom they were to procure the cargo. Neither the vessel, nor the defendant being in fault, the plain- tiffs are primarily accountable for the damages which the defendant bas thus sustained by the delay. �They, however, rely on two grounds \fhy they should not thua be held responsible — First, they contend that the delay in loading was ôccasioned by the great draught of the Castalia ;' and, second, that as the tides were at Weehawken in the latter part of February the vessel would have grounded in the load- ing dock if fully loaded, and thereby would bave interfered with other vessels; tha.t, in fact, she was loaded as soon aa ����