California Towing Co. v. Benson Lumber Co.

This is an appeal from a decree denying to appellant, California Towing Company, hereafter called the “Towing Company”, owner of the Tug Sunshine, compensation claimed by it from Benson Lumber Company, hereafter called the “Lumber Company”j under an agreement to tow the latter’s log raft on a voyage from Astoria, Oregon, to San Diego, California.

The agreement provided a payment of $8,500 for the towage of the raft on the agreed voyage. The Sunshine started towing but her engines broke down when but 82 miles on the 900-odd mile voyage to San Diego, and another tug was employed by the Lumber Company.

The Towing Company claims that under the contract it is entitled to be paid the entire $8,500. There is no other liability asserted, there being no articles claiming on quantum meruit. The sole question is whether the $8,500 compensation is the measure of the value of the tug’s services, though, through the failure of her power, she was compelled to abandon the raft.

The pertinent provisions of the charter are:

“California Towing Company will furnish to Benson Lumber Company, the tug ‘Sunshine’, hereafter termed the ‘Tug’, as customarily equipped by California Towing Company for…

concurs in the result.