Page:Federal Reporter, 1st Series, Volume 9.djvu/447

 ^2 FEDERAL REFOBTEB. �By reason of the failure of the defendants to perform their contract, the libellants have suffered damage, and are entitled to reeover at least the $2,800 gains which they were thereby prevented from mak- ing on the transportation of the 200 passengers engaged for the voy- age, with interest from the date the Garibaldi might have completed the voyage to this port, say June 1, 1880, amounting in all to $3,173.33^, with the costs and expenses of suit. Tbere will be a decree accordingly. ���EsPBY, Jr., V. Blanks.* �{Circuit Omrt, E. D. Louisiana, November 18, 1881.) �1. CoNTKACTS— Evidence. �Paroi evidence is inadmissible to alter the terms of a written contract. �Ih Admiralty, �E. N. Whittemore, for libellant. �B. Egan, for claimants. �Paedee, g. J. This suit is brought on a bill of lading, and dam- ages are claimed for the non-delivery of the freight in time at the place of consignment. The libellant makes ont a case and proves $102.45 damages by the deterioration of the goods and the expenses of telegraphing, and additional freight. There is no defence, exoept an alleged verbal instruction from the wharf-master to the clerk of the boat to make certain inquiries, and in a certain contingency to deliver the freight at another place than that named in the bill of lading. Objection is made to the introduction of evidence to sustain this defence, and the objection is v?ell taken. See The Thames, 14 Wall. 98; also, The Delaware, id. 579, where the precise question is decided. �The judgment of the district court was manifestly right, and should be afSrmed. Let a like decree as in the district court be entered in this case, with costs. �*Reported by Joseph P. Horner, of the New Orleans bar. ��� �