Vachon & Sterling v. Northern Nav. Co.

The only question in this case is whether or not the amended complaint states a cause of action — the court below having sustained a demurrer thereto and dismissed it.

Passing the formal allegations,' the complaint as amended alleges, in its first count, in substance, that in March, 1907, the plaintiffs contracted with the Northern Commercial Company to transport for them 1,500 tons of merchandise from Seattle, Wash., to Chena, Alaska, by an all-water route, which contract was afterwards assigned by the Commercial Company to, and taken over by, the defendant Northern Navigation Company with the consent of the plaintiffs, the. Navigation Company undertaking to carry out the terms of the contract; that at the close of the open season of 1907 a controversy arose between the plaintiffs and the defendant concerning its failure to deliver to the plaintiffs a part of the merchandise, which was adjusted on or about July 6, 1908, at Fairbanks, “and an account was stated between the plaintiffs and defendant concerning such adjustment for loss of merchandise, by which a balance of' $853.99 was found to be due”‘the plaintiffs, which sum the defendant then and thereby agreed to pay.

The…