Guillon

This is an action for breach of contract, based on the failure of the defendant to furnish cargo to a vessel belonging to the plaintiffs, called the “Jane Guillen, ” in fifteen weather days after the discharge of the inward cargo and notice of readiness served on defendant. The appeal is by the defendant from a judgment in favor of plaintiffs and from an order denying his motion for a new trial.

Plaintiffs allege that the defendant detained and held the vessel in demurrage beyond her lay days for a period of sixteen days, and that at the rate per day specified in the charter-party the plaintiffs were entitled to a named sum. The defendant admits that the vessel was delayed sixteen days, but averred in his answer and claims that in due time he had purchased a full cargo of barley for loading upon said vessel, but that the great demand for railroad cars and railroad service in California in the year 1906 made it impossible to bring the barley to the port of loading at the time specified in the charter, nor until sixteen days later. There is a provision in the charter to the effect, stating it broadly, that if the cause of the delay in giving the ship her cargo is a matter over…