Giovanni Aliotti and Sebastiano Aliotti v. United States

In February of 1942 the United States, acting through the War Shipping Administration, requisitioned appellants’ motor fishing vessel Sea Star (a boat of 107 tons gross register) under authority of 46 U.S.C.A. § 1242 . After taking possession a bareboat charter party, dated March 23, 1942, was executed by the parties. The charter provided among other things that, unless actually or constructively lost, the vessel on redelivery to the owners was to be restored by the charterer in a condition at least as good as when delivered to it, less ordinary wear and tear, or in lieu of making restoration, the charterer, at its option, might pay the owners an amount sufficient to place the vessel in such condition.

In August of 1943 the government returned the Sea Star to its owners, electing at the time to pay them the cost of reconditioning rather than to perform the work itself. In May of 1944, the vessel being then in possession of ap-* pellants, a written settlement agreement was entered into in which the United States undertook to pay, and did pay, the sum of $9,034.39 in full satisfaction and settlement of its obligation to the owners under the reconditioning provision.

In February of…