Page:Federal Reporter, 1st Series, Volume 2.djvu/61

54 FEDEBAIi BEFOBTBB. �and I have stated above the substance of the testimony. Concerning the contract itself there can be no great doubt that it was, in substance, that the plaintififs chartered their ship from the time she should be finished, and that the defend- ants took her from that time. The plaintiffs understood this to mean that they had the right to have their ship loaded next after any vessel which should be in the berth, when they notified the defendants that the Eclipse was ready to proceed from Bath to Wiscasset to be loaded; while the defendants understood it to mean that they should load the ship within a reasonable time after she was at Wiscasset, ready to be loaded, and that it was not unreasonable to require the Eclipse to take her turn next after a vessel which, having already waited ten days, had begun to haul in, or to prepare to haul in, when the Eclipse arrived at Wiscasset, especially if great dispatch was made in getting the ice on board both vessels. I think the defendants take the true view of the legal resuit of the contract. �Considering the uncertainty of the plaintiffs' undertaking, in point of time, namely, to have their vessel ready for the voyage in about amonth or a little more, it is unlikely that the defendants intended to be bound to accept her mstantly on the expiration of a time over which they had no control, without regard to their engagements with other vessels, or the necessary preparations for loading a ship with ice at Wis- casset. It was a contract by the plaintiffs to bave their ves- sel ready within a reasonable time after one month ; and by the defendants to load within a reasonable time after the ves- sel was ready. �Under these circumstances it was not unreasonable for the defendants to charter the Cheesborough, which neither party^ I suppose, thought would be ready so soon as the Eclipse ; but she was pushed forward very rapidly, and it was after she had gone to Wiscasset, ready to load, that the plaintiffs for the iirst time gave notice that their ship would be ready in six days more. It was not unreasonable to load the Cheesborough first, in this state of things. �This disposes of the claim for demurrage, considered as an extension of the freight. A question which bas given me ����