Blanchard

Blanchard v. Pacific Rolling-Mill Co.

Good Law
1894 Cal. LEXIS 1282·4 Cal. Unrep. 619·36 P. 584
Supreme Court of CaliforniaApril 24, 1894No. 15,430California518 words

Opinion

Lead Opinion

Garoutte, J.

Macondray & Co. sold to defendant, Pacific Rolling-mill Company, five hundred tons of scrap iron, to *620 arrive by ship “Titan,” then on her way to San Francisco from Hongkong, said iron to be delivered to defendant at defendant’s wharf, and received by purchaser from the ship’s side when discharged. The ship arrived in due course, and defendant was notified that the iron was on board, ready to be discharged, but, owing to the fact that defendant’s wharf was occupied by other vessels, Macondray & Co. were unable to deliver the iron for several days after its arrival, and after the ship was ready to discharge it. Owing to this delay Macondray & Co. were compelled to pay the owners of the ship for the use thereof while said iron remained in the hold awaiting discharge and delivery, and also were compelled to pay an additional amount for wharfage, the entire sum being $724.70. The plaintiff, as assignee of Macondray & Co., sued the defendant and appellant for the amount of money so expended. This amount so paid to the master of the ship ivas found by the court to be a reasonable charge for such use. The foregoing facts are all substantially found by the court, and we think the…

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