The Alliance

The libel is for repairs and other necessaries, including the use of a marine railway alleged to have been furnished the steamer Alliance upon the order of her owner.

The claimant is the charterer of the vessel, and in a cross-libel seeks to recover damages for a breach of contract between it and libelant, by which contract libelant agreed that on a day certain, for the purpose of making necessary repairs on the vessel, it would have its marine railway in readiness and in such condition as expeditiously to place the vessel in the position where such repairs could be made; that libelant failed to perform its contract, in that it did not have *362 its marine railway in such condition, but that when the vessel was placed therein and partially moved out of the water, the railway became obstructed and jammed, and libelant was unable to move it in either direction whereby the repairs were delayed for a period of 5 days and 11 hours; that by reason of such delay, occasioned by the breach of said contract, the cross-libelant incurred and paid expenses, and suffered damage in the sum of $1,271.

The exceptions and motion to dismiss are based on two grounds: (1) That the contract is not…