The Gleaner

The amended libel counts on a breach of a charter, in that the barkentine Gleaner failed to call at Tiopa, on the west coast of Mexico, to take on board 326 logs which libelant had there ready for loading thereon, to be carried to San Francisco. The material provisions of the charter party, which is made a part of the libel, are the following:

The libel alleges that the Gleaner did enter upon and partially, but imperfectly, perform the conditions of the charter party, by calling at some, but not all, of said places and there receiving and accepting logs tendered by libelant for carriage to San Francisco, and then proceeding on said voyage thereto, but that in breach of said charter party she did not call at Tiopa, despite the fact that libelant had there at the loading place 326 logs ready for loading.

While the charter provides that the vessel will carry all cargo offered by the charterers, the charterers are not bound by it to offer any cargo at all. The contract in this respect is absolutely without mutuality. In American Cotton Oil Co. v. Kirk et al., 68 Fed. 791 , 15 C. C. *164 A. 540 , a contract to sell and deliver 10,000 barrels of oil, at a stipulated price, in such…