Page:Federal Reporter, 1st Series, Volume 4.djvu/363

 Von LiNaEM v. satidsos. ' S49 �August, that the steamer passed Gibraltar oùiwàrds from Ben- izaf on that day, and beîng theïi satisfied that she would noi arrive in time to load either at Baltimore or Philadelphia in August, at once set about secnriag another vessel, and on the 16th got one, which they afterwards loaded at an increased cost of freight to them over -what they would haVe been com- pelledto pay the Whickham of $1,988.25. It is agreed that this new charter vras effected on as favorable terms as it oould have been in the month of Augiist, and that if Sohu- macker & Oo. are entitled to reoover at ail it must be for the increase in the cost of freight which they paid. �(7.) The discharge of the cargo of iron ore from the Whickham was completed with dispatch at Philadelphia, and on the seventh of September she sailed for Baltimore, where she arrived on the 9th, and was tendered Sohumaker & Co., nnder the charter, on the llth. They declinedrto accept her for the reason that, as they claimed, when the charter-party was entered into she had neither sailed nor was about to saU from Benizaf, within the meaning of that provision in the charter, as understood by the parties. An- other charter was then obtained, but at a loas to her of $e,093.18, as of May 10, 1880. It is agreed that the charter was as favorable as any that could have been effected, and that if her owners are entitled to recover at ail, it must be for the above amount as their loss. �Blackiston d Thomas, for appellants. �A. Sterling, Jr., Esq., for appellees. �Waitb, g. J. The only question in this case îs whether, on the firstof August, 1879, the Whickham was "about to sail from Benizaf with cargo for Philadelphia," within the meaning of that term as nsed in the charter sued on. The owners in England, having accepted the contract made for them by their agents in Philadelphia and Baltimore, are bound by its terms jast as their agents would be were they prinoipals. The language used must therefore be interpreted, if possible, as the parties in Baltimore understood itwhen they were oon- tracting. ����