Luddco 41 v. Wilmington Boat Works, Inc.

Good Law
66 F.2d 997·1933 A.M.C. 1446·1933 U.S. App. LEXIS 2836
United States Court of Appeals for the Ninth CircuitSeptember 16, 1933No. 7012California1,424 words

Opinion

Lead Opinion

Mack, J.

From a decree against the Luddeo 41 in favor of Wilmington Boat Works, Inc., libelant, claimant Lake Union Dry Dock & Machine Works appeals.

The Luddeo 41 was constructed by appellant at Seattle, Wash., and on completion was shipped by it to the Yacht & Motor Sales Corporation, at Los Angeles, on consignment for purpose of sale. Sales Corporation was to uso the boat only for demonstration runs and to defray the expenses of its upkeep until a sale was effected. While in possession of the Sales Corporation, the boat began to leak badly and its motor proved rather noisy. By order of the seeretary-treasm’er of Sales Corporation, it was brought to libelant’s boat works in order that these defects might be remedied. There, various repairs and alterations in the vessel were from time to time ordered either by the secretary-treasurer or the service superintendent of Sales Corporation, partly at least for the purpose of pleasing a prospective purchaser. Appellant, having been informed by Sales Corporation that it had undertaken these alterations at its own expense, made no objection. The bill was sent to Sales Corporation, but, before it was paid, Sales Corporation went into bankruptcy.…

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