The Theodore Foss

The agreed statement of facts on which the case was tried shows that the Theodore Foss is a motor vessel, owned at all times by respondent Foss Launch & Tug Company, of Tacoma, registered to such owner by certificate of registry recorded in the office of the Collector of Customs at Los Angeles Harbor. The certificate shows Los Angeles to be its home port.

On September 13, 1929, respondent made an executory contract by which it agreed to transfer title to the vessel to Llalfhill Packing Corporation on completion of the installment payments of the purchase price by the latter. At that time the Halfhill Packing.Corporation had possession of the vessel under a previous contract with respondent. The contract of sale of September 13, 1929, was recorded in the office of the Collector of Customs on October 3, thereafter; among other things, it provides that title to the vessel is retained by respondent, the owner, until full payment of the purchase price. It further provides that the purchaser, or the master, or the persons to whom the management of the vessel was intrusted should not have authority to purchase supplies or procure repairs on the credit of the vessel or charge the vessel…