Davison v. Von Lingen
113 U.S. 40 (1885)

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U.S. Supreme Court

Davison v. Von Lingen, 113 U.S. 40 (1885)

Davison v. Von Lingen

Argued December 12, 1884

Decided January 5, 1885

113 U.S. 40

Syllabus

A stipulation in the charter party of a steamer, that she is "now sailed, or about to sail, from Benizaf, with cargo, for Philadelphia," is a stipulation that she has her cargo on board and is ready to sail.

A charter party with the above stipulation was made on the 1st of August, in Philadelphia. The steamer was at Benizaf, in Morocco, only three-elevenths loaded, and did not sail for Philadelphia till August 7, and left Gibraltar August 9. Before signing the charter party, the charterers asked to have in it a guarantee that the steamer would reach Philadelphia in time to load a cargo for Europe in August, but this was refused. They declined to have inserted the words "sailed from, or loading at Benizaf." On learning when the steamer left Gibraltar, they proceeded to look for another vessel. The unloading of the steamer at Philadelphia was completed September 7, but the charterers repudiated the contract: Held,

(1) The stipulation was a warranty or a condition precedent, and not a mere representation.

(2) Time and the situation of the vessel were material and essential parts of the contract.

(3) The charterers had a right to repudiate the contract, and to recover from the owners of the steamer the increased cost of employing another vessel.

The facts which make the case are stated in the opinion of the Court.

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