Dennis v. Slyfield

Citations

• 117 F. 474
• 54 C.C.A. 520
• 1902 U.S. App. LEXIS 4456

Syllabus

<p>1. Admiralty—Appeal—Review of Interlocutory Decree.</p> <p>A decree sustaining a demurrer to a libel, but giving the libelant leave to file an amended libel, of which he avails himself, is interlocutory only, and is brought up for review by an appeal from' the final decree subsequently entered on the amended libel.</p> <p>2. Contract—Validity—Lack of Mutuality.</p> <p>A contract which recited that the second parties were “desirous to ship by vessel certain lots of hardwood lumber,” and by which the first party agreed to carry on his vessels “any and all of this lumber as may be desired by the parties of the second part,” is void for want of mutuality.</p> <p>8. Evidence—Varying Terms of Written Contract by Parol.</p> <p>Evidence that at the time such contract was executed it was understood that the second parties had about a certain quantity of lumber, which it was expected by both parties would be shipped under the contract, or that they orally promised to ship the same on the vessels of the first party, is inadmissible to show that they were bound by the contract, since by its express terms they were given the option to ship “any or all” of it thereunder.</p> <p>4. Contracts—Construction of Writing.</p> <p>Such writing cannot be construed as a proposition by the first party which might become a binding contract on its subsequent acceptance by the second parties, since it was executed by both parties, and purported to be a completed agreement, the terms of which would be varied by a subsequent agreement by the second parties to ship all their lumber by the vessels of the first party.</p> <p>6. Admiralty—Pleading—Exception to Libel.</p> <p>A so-called exception to a libel to recover damages for breach of a maritime contract on the ground that it does not “set forth any facts showing wherein this exceptor failed, neglected, or refused to carry out and perform the terms of said alleged contract,” is in fact a demurrer, which goes to the whole libel, and which is th