In Error to the Circuit Court' of the United States for the Northern District of California.

Action by the Société Commerciale de L’Oceanie against the El Do-rado Oil Works Company. Judgment for plaintiff, and defendant brings error.

On October 9, 1907, the agents of the defendant in error at San Francisco wrote to the agents of the plaintiff in error, directing their attention to the fact that the brig Lurline was expected to be dispatched from Papeete to San Francisco, where her arrival was expected on or about December 15th, and offering a cargo of Tahiti copra, of which it was said the Lurline could carry from 300 to 350 tons. On the following day a second letter was sent, stating that the Lurline left Puget Sound on October 5th, bound for Papeete, and that “we figure that she should reach San Francisco on her return voyage about December 16, 1907.” Thereupon, on October 11th, the following contract was entered into: “The Soclété Commerciale de L’Oceanie agree to deliver in sacks or in bulk, their option, and the El Dorado Oil Works Company agree to receive, a full cargo of Tahiti copra of fair average quality, tale quale on quay in San Francisco, per brig Lurine, now en route from Puget Sound to Taiohae ana /or Papeete what the vessel loads, estimated to be about three hundred and fifty (350) tons (2,240 lbs. each). If delivered in bulk, buyers to furnish sacks which are to be filled and sewed by the seller. The El Dorado Oil Works Company agree to pay for the copra delivered under this contract at the rate of four (4) cents per lb. gross weight delivered, sacks included if delivered in sacks. Payment to be made in cash, United States gold coin, on completion of delivery in San Francisco. Present or future duties, war revenue tax, or any new charges that may be imposed by the United States government for account of buyers. Should the goods, or any portion thereof, be transhipped, and arrive in any other vessel or vessels, contract still to hold good. In case of loss of vessel, contract to be void.”

On the day when the contract was signed, the brig was en route from Puget Sound to Taiohae or Papeete, or both, a few days out, laden with a cargo of lumber, as both parties to the contract were aware. The Tahiti copra is copra produced in the Society Islands or in the Marquesas Islands. The brig sailed to Taiohae, and thence to Papeete, where she arrived on December 1, 1907. At that port she loaded part of her cargo of copra, and on December 17th she sailed for a voyage back to Taiohae, where she completed the loading of her cargo of copra on January 20, 1908. On the following day she sailed on her return voyage to San Francisco, and she arrived at that port on February 22, 1908, with a full cargo of copra of the stipulated quality on board. When the cargo was tendered to the plaintiff- in error, the latter refused to accept the same, and thereupon the present action was brought to recover under the contract. The case was tried before a jury, and a verdict was returned for the defendant in error.