Gordon Sandvik v. Alaska Packers Association, a Corporation

This action, instituted by the plaintiff-appellant, Gordon Sandvik, to recover amounts alleged to be due on a bare boat charter, arises under the admiralty jurisdiction of the federal courts, 28 U.S.C. § 1333 (1). The district court granted a summary judgment in favor of the defendant-appellee, Alaska Packers Association (APA), on the ground that the suit was barred by laches.

We find that genuine issues of fact exist pertinent to the defense of laches and, therefore, reverse and remand to the district court for further proceedings.

FACTS

Gordon Sandvik acquired the vessel VICTOR in 1966. On October 31,1967, Sandvik Charters, Inc. and APA entered into a bare boat charter. This agreement provided for the charter of the VICTOR to APA for the period of June 1 through August 14, for the years 1968, 1969, 1970 and 1971. APA had an option to extend the charter for the same period during 1972 and 1973; it could exercise this option by giving notice no later than August 15,1971. Sandvik was to deliver the VICTOR to APA’s shipyard in Blaine, Washington each year.

The charter price was $30,000 for each year. This amount was to be paid in three installments: $10,000 upon delivery,…