Olsen

Twenty-six former employees of appellant assigned to appellee their claims for additional compensation under an employment contract with appellant. The employment contract was attached to and formed a part of the shipping articles under which appellee’s assignors shipped from Seattle, Wash., by appellant’s steamship Otsego, to fish for salmon in Alaskan waters during the season of 1933. Pay *659 ment having been refused, appellee filed his libel in personam to recover the additional compensation claimed by his assignors. Appellant’s answer admitted the execution of the contract and the performance of services thereunder by appellee’s assignors, but pleaded payment in full for all such services and denied that any additional compensation was due. The District Court held that appellee’s assignors were entitled to additional compensation in the aggregate sum of $1,200.24, and accordingly entered its decree in appellee’s favor. This appeal is from that decree.

Appellee’s assignors and fourteen other employees of appellant were hired at Seattle. Others were hired in Alaska. All signed the same employment contract. Those hired at Seattle, including appellee’s assignors, were to work,…

(concurring).

I agree that the contract as written is not ambiguous, and, since there has been no attempt to reform the contract on the ground of mistake, we must recognize and construe its terms.