The Georg Dumois

Citations

• 115 F. 65
• 52 C.C.A. 659
• 1902 U.S. App. LEXIS 4187

Syllabus

<p>Shipping— Charter Party — Measure op Damages por Breach.</p> <p>Under the rule that damages for breach of contract must be confined to those which naturally and directly result from such breach, or may be fairly presumed to have been within the contemplation of the parties when the contract was made, where the owner of a steamer, under a time charter to convey cargoes of bananas from Port Limón to New York, under which a number of voyages had been made, had knowledge of and acquiesced in a custom of the charterer to have a cargo cut and ready to load in anticipation of each arrival of the steamer, and on one outward voyage the vessel was delayed by reason of unseaworthiness, for which such owner was responsible, until on her arrival the cargo was unfit to ship with safety, the charterer is entitled to recover the value at Port Limón of the cargo so lost, and such other loss as directly resulted from the delay; but the charterer was not entitled to load the cargo with knowledge of its condition, and ship the same to New York, and recover as damages the loss by deterioration on the voyage, and in addition a sum which it would have earned as freight for the voyage, under a contract with the third party, if the cargo had been delivered in good condition.</p>