Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co.

Appeal is taken from decrees in admiralty enforcing liens on two motorships for oil furnished such vessels by appellee.

In September, 1932, appellee entered into a contract with Anglo Canadian Shipping Co., Ltd., by which appellee agreed to sell fuel oil to any vessel which Anglo might “own, charter, operate or be agents for”. On May 19,1933, such contract was modified “to include the fuel oil requirements of any and all vessels owned, chartered and/or operated” by W. L. Comyn & Sons, hereinafter called Comyn. Subsequently, and before the ships in question were chartered by Comyn, the contract was further modified and required appellee to bill Comyn direct for oil used by the latter.

Comyn chartered for a specified time the motorships Brand and Stjerneborg, the charter parties requiring Comyn to provide and pay for all oil. Comyn chartered the “Stjerneborg” on January 27, 1934, and the “Brand” on March 8, 1934. On April 26, 1934, appellee delivered fuel oil to the “Brand” at Point Wells, Washington, and on May 11, 1934, made a further delivery to the “Brand” at San Pedro, California. All deliveries were made on the orders of Comyn. Appellee issued invoices for these deliveries,…