Henry Billings Brown

“ If when the contract is made the price agreed to be paid appears to be just and reasonable, in view of the value of the property at stake, the danger from which it is to be rescued, the risk to the salvors and the salving property, the time and labor probably necessary to effect the salvage, and the contingency of losing all in case of failure, this sum ought not to be reduced by an unexpected success in accomplishing the work, unless the compensation for the work actually done be grossly exorbitant. ”

“ We give no weight to the advice of Pynam, Bell & Co., her owners, to enter into the contract, since, in the nature of things, they could have no personal knowledge of her situation, or of the possibility of relieving her; but it shows that her master, though a young man and making his first voyage as master, acted with commendable prudence. He took no step without the advice of his owners, and that of the underwriters' agent at Galveston, Mr. Sorley, who was a man over 70 years of age, perfectly honest, and of large experience in these matters. ”

“ Under the stringent circumstances of this contract, we do not think it could be said that an agreement to pay one-quarter of her value if released could be considered unconscionable, or even exorbitant, and, unless the fact that it proved to be exceedingly profitable for the libelants is decisive that it was unreasonable, it ought to be sustained. For the reasons above stated, we think that the disproportion of the compensation to the work done is not the sole criterion. ”

“ The court held that, as the contract was to pump out the ship for an hourly compensation, the right of the steam tugs to compensation must be regarded as having terminated when the ship and cargo were raised, and that, as the marshal seized the ship as the tugs began to pump her out, the authority of the master was displaced, and the boats must be regarded as having been discharged, under any fair interpretation of the contract. Standing by for a period of 12 days was found to have been unnecessary, and not required by any peril to the Tornado or her cargo. ”

“ If there were ever any doubt with respect to the validity of such contracts it was long since removed by the universal concurrence of the courts, and an enormous business has grown up all over the world upon the faith of their validity. ”

“ These are the only cases in our Reports in which the question of nullifying a salvage contract was squarely presented, although there is in the case of Post v. Jones, 19 How. 150, 160, an expression of the court to the effect that 'courts of admiralty will enforce contracts made for salvage service and salvage compensation, where the salvor has not taken advantage of his power to make an unreasonable bargain; but they will not tolerate the doctrine that a salvor can take the advantage of his situation, and avail himself of the calamities of others, to drive a bargain ”

“ The Prinz Heinrich came off the same day, either owing to the jettison of her cargo or to the towing of the salving steamer. The court held the agreement to be reasonable, and that the salvors were entitled to recover the full 2,200, although the Heinrich was so much damaged that she was subsequently sold for 3,500. The cargo was valued at 14,000. This is a strong case in favor of sustaining the agreement. ”

“ Her crew were unable to get her off, either upon that or the following day, when, owing to the sea rising, she was carried over the jetty and a very considerable distance further onto the beach (about 600 feet) , where she remained in 7 or 8 feet of water, gradually working inward and making a bed for herself in the sand, which had a tendency to bank up about her bows. ”