Page:Federal Reporter, 1st Series, Volume 4.djvu/360

 846 FEDEBAli BEPOETEB. �4. That the only remedy of the respondent for a breach of sucb con tract, if he bas any, ia an action for damages. There- must, therefore, be a decree foï'the libellants according totbe prayer of their libel, which will be prepared. ���Von LiNaBN and others v. Davidson and others. , (Libel.) �Davidson and others v. Von Linqen and others. (Cross-Libel.) �(C'ireuit Court, D. Marylcmd. Novemler 8, 1880.) �1. Charter-Pabty — "ABOirr to Sail."— The words " about to sail from �Benizaf with cargo for Philadelphia," contained in a charter-party, hdd to mean, under the circumstances of this case, about ready to sait with cargo. �2. Same — Bamb. — ndd, further, therefore, that a vessel not more thaa �three-elevenths loaded, and the time of flnishing subject to ail the contingenciea of wind, weather, labor, and boatg incident to an open roadstead on the northern coast of Africa, was not "about to eail" withia the meaning of the charter-party. �Von Lingen v. Davidson, 1 Fï». Rep. 178, reversed. �FAOTS FOUND BT THE COUBT. �(1.) The British steamer Whickham, owned by T. H. Davidson and others, the defendants in the original libel, sailed from Shields on the ninth of July, 1879, bound for Lisbon, vrhere she arrived on the 16th, and, having discharged her cargo, sailed again in ballast on the 23d for Benizaf, on the coast of Morocco, to take a load of iron ore under a charter for Philadelphia. She passed Gibraltar on the 25th, and arrived at Benizaf at 4:30 p. m. of Saturday, the 26th. She began taking in cargo under the charter for Philadelphia during the forenoon of Monday, the 28th. On that day she took on board 115 tons, and on the 29th about 90 tons, but on the 30fch none, and on the Slst only four beat loads. Dur- ����