Page:Federal Reporter, 1st Series, Volume 4.djvu/362

 S48 FEDERAL BSPOBTBB. �the pufpose. Sohnmacker & Co., doubtîng whether the Whictham côuld arrive in time, wanted a guaranty that she ■would, but this was declined. Ail parties then made their eal- culations as to the probable time of her arrivai upon the basis of the language in the telegram, and finally Schumaeker & Co. agreed to take her; first, however, providing that Bhe might be loaded in Philadelphia or Baltimore at their option, intending if she did not arrive in time for Baltimore to get her cargo under their contract at PHUadelphia. In these calcu- ïations it was assumed by ail that she would get away from Benizaf not later than the second of August, and that her voyage across would probably be about 20 days. This ail occurred at Baltimore on the first of August, and it does not appear from the evidence that any of the parties, either in Philadelphia or Baltimore, knew anything of the movements of the vessel except as they were to be inferred from the tel- egram. There was no communication with Benizaf by tele- graph, the nearest telegraphie station being at Gibraltar, which was a day's sail away. �(5.) As soon as the bargain was concluded, Erickson sent to Gregg & Co. for a eharter-party in form. They imme- diately sent the draft of one in which the vessel was described as "sailed from or loading at Benizaf." This Schumaeker & Co. declined to accept on the ground that their agreement was for a vessel that "had sailed or was about to sail from Benizaf with cargo for Philadelphia." This being communi- cated to Gregg & Co. they at once sent forward a new draft to meet the wishes of Schumaeker & Co., and using the language they insisted upon. This new draft reached Balti- more on the second of August, and was duly executed by ail parties. This is the instrument, a oopy of which is marked Exhibit A, and filed with the original libel. From this it appears that in the printed blank which was used there were the folio wing words: "Charterers to have option of cancel- ling this oharter-party should vessel not have arrived at load- ing port prier to ." These words were erased by draw- �ing a pen through them before signing. �(6.) Schumaeker &Co. having ascertained, on the nînth of ����