Page:Federal Reporter, 1st Series, Volume 7.djvu/500

 488 FEDERAL REPORTER. �After leaving Genoa the vessel proceeded on her voyage ■without unnecessary, delay, and feached Baltimore on the leth of January. She was then promptly tendered the respondents under her charter, but they refused to accept her, on the ground that she had not proceeded from Genoa to Baltimore "without delay." Thereupon the owner brought this Euit in persdnam agstinst the charterers to recover his damages. The district court On these faots, which are undis- puted, dismissed the libel, and from that decree this appeal was taken. �We have had no difficulty in reaching the conclusion that the district judge was right in the view he took of the case. As he very properly said in his opinion, under the rule estab- lished by the supreme court in Lowber v. Bangs, 2 Wall. 728, the stipulation that the bark should proceed to Baltimore without delay was a condition precedent, and not a mere rep- resentation. Indeed, that was conceded in the argument here. If, then, that condition was broken by the owner, he cannot recover. �Charter-parties are commercial contracts, and must be construed accordingly. It was said by Mr. Justice Swayne, speaking for the supreme court, in Lowber v. Bangs, supra, 739: �"Promptitude in the fulfllment of engagements is the life of commer- cial success. The state of the market at home and abroad, the solvency of houses, the rates of exchange and of freight, and various other circum- stances ■which go to control the issues of profit or loss, render it more important in the enterprises of the trader than in any other business. The resuit of a voyage may depend upon the day the vessel arrives at her port of destination, and the time of her arrivai may be controlled by the day of her departure from the port whence she sailed. We cannot for- get these considerations in our search for the meaning of this contract." �These observations are applicable to the present case. The contract was that the vessel should proceed without delay to Baltimore, to enter upon the charter. No intimation is given of any necessity for staying at Genoa to discharge. The language used clearly implied that there was nothing in the esisting engagements of the vessel to prevent her entering on ��� �