Dalrymple

By the Court,

Appeal from court of First Instance for the district of San Francisco. The complaint alleges that the defendant made a contract with the plaintiff to transport the materials for a house, together with certain boxes of merchandise, consisting of hardware, from Baltimore to San Francisco, on the defendant’s ship called the Jane Parker—that the house and merchandise, instead of being put on board the Jane Parker, were shipped on another vessel belonging to the defendant, called the bark Hebe-—that the Jane Parker arrived at San Franscisco two months before the Hebe—and that the plaintiff had sustained damage to the amount of twenty-five thousand dollars, by reason of the house and merchandise being of less value at the time of the arrival of the Hebe, than they would have been at the time of the arrival of the Jane Parker.

The defendant, in his answer, denies that he undertook to carry the property in question on the Jane Parker, but alleges that it was understood and agreed that it should be shipped on the Hebe. He also alleges that the property was of greater value at the time of the arrival of the Hebe, than such property was worth at the time of the arrival of the…