Page:Federal Reporter, 1st Series, Volume 8.djvu/61

mTentions. Whetherlihe defendant can lawfally obtain ih« rigkt to operate other roads, is unimportant. The plaintiff snpposed it oould, and conferred the privilege of' dsing his inveniaons on s«eh roadfi. The statement in the bill, that the invention^ are irse^ "under char- teied privileges aequired since the date of the license," is alBO unim- portant. It does not follow that the use Has been extended or increased, by reasoh of such subseq^ueiitly-a(i(iaired privileges. The plea is sustained. ���ThB ALIDi.* {District Court, B. D. Pennsylvania. June 22,1881.) �1. AbMIRALTY— LiBKL JO» BKEA.CH OF CoNTRACT— EvilJENCE FOT*i) TO BnSTAiN �Ax-LBOATION OF RkSPONDENT THAT BrbACH WA8 CATJSED BT JCiIBELLANT'B �, TaIHJKBI to PbEPOBM iVBKBAL AptBEKMENT MaDE AT iTHB .'RmE OP THE �Chabtbb, ANi? NOT Incoitsistent Thebewith. �Libel against a Tug for Breach df Coiitracti ^ �Libellant, by a written agreement, ohartered Ithe tug for use in certain dredging operations at the priee of$ 500 permonthi He aycn'ed that the tug failed to perform the work. Bespondents averred that, by a verbal agreement made at the same time as the written charter, libellant agreed to furnish the provisions .and pay the current expanses of the tug in part payment of the |500 per month; and that he failed to do this, whereby the tug was unable to perform the work. Varions question of lawi affeoting the Validity of; the lien claimed by libellant, were raised upon the argument. �Theodore M. Etting and Henry ii. Edmunds, toT libeilEnL , Henry Flanders, fox leST^onAent. ' . i ? • �BuTLEB, D. J. Accepting the libellant's view,: of the several irupori tant questions of law discussed, he is still notientitled to recover. I find the facts to be, substantially, as stated by'tha respondent.. The verbal agreement respecting supplies, and the time and manner of paying for the vesserS'Services, ierfblly proved by ihe/master and-. pUot, — is prineipally adraitted, on eross-examination; by the libel- lant, and is notiiincousiatent with the written ; m'e'morandum.r; ; The. agreement is* furihermore, feiasonable, and, thercfore, . p^robable. It avoid sthe necessity of mal^ng a4van9e3^ or snbjecjiing.the yessel to the danger of liens and attaciiments,' ' That it was nbt complied' with is proved by the same witnesses, — the master and pilot, — who �*Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ��� �