The Colombia

Citations

• 197 F. 661
• 1912 U.S. Dist. LEXIS 1473

Syllabus

<p>1. Shipping (§ 170*) — '“Demurrage”—Nature of Liability.</p> <p>“Demurrage,” in the proper sense of the term, is an allowance to a vessel in compensation for tile earnings she is improperly caused to lose, and can only be allowed when profits have either actually been lost or may reasonably be supposed to have been lost, and their amount was previously fixed by contract, or is proven with reasonable certainty.</p> <p>[Ed. Note — For other cases, see Shipping, Cent. Dig. §§ 565-567; Dec. Dig. § 170.*</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1981-1982; vol. 8, i). 7633.</p> <p>Demurrage, see notes to Harrison v. Smith, 14 C. O. A. 657; Randall v. Sprague, 21 C. C. A. 337; Kagerman v. Norton, 46 C. C. A. 4.J</p> <p>2. Shipping (§ 170*) — Contract for Repairs — Construction—Demurrage for Delay in Completing.</p> <p>Under a contract for repairing a ship, which required the repairs to be completed in 12 running days, and provided that, “should the contractor exceed the time mentioned, he must pay the ship a demurrage at the rate of $100, for each and every day he is in excess of his contracted time,” no damages are recoverable by way of demurrage, although the contractor was 29% days in excess of the contract time in completing the work, where the vessel had no charter, and. was not employed when the work was commenced, and was not offered a charter, and did not obtain one until some days after its completion.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 565-567; Dec. Dig. § 170.*]</p> <p>3. Damages (§ 74*) — Breach of Contract — Penalty—Liquidated Damages.</p> <p>A provision in a contract for the payment of a fixed sum for its breach, whether as a penalty or as liquidated damages, will not be enforced where it appears that no damage has been sustained.</p> <p>LEd. Note. — For other cases, see Damages, Cent. Dig. § 176; Dec. Dig. . § 74.*]</p> <p>4. Shipping (§ 170*) — Contract for Repairs — Penalty for Delay.</p> <p>If a sum