Melville Fuller

“ The court found that the committee made a conditional agreement with Leighton's agent to sell the steamer for $11,500, if she should not be damaged to exceed $500; that a bill of sale was made by libelants, April 1, 1881, transferring the boat to the intervenors, but it was not delivered, or any money paid thereon; that Braith waite refused to sign it, and notified the intervenors and the committee that his interest was not for sale, after which the intervenors paid the sum of $2,500; that Braithwaite was the owner of one-half interest in the steamer when the action was commenced ”

“ Circuit courts, in deciding causes of admiralty and maritime jurisdiction on the instance side of the court, are required to find the facts and the conclusions of law upon which their judgments and decrees are rendered, stating them separately ”

“ Joseph McC. Biggert seems to have been substituted for John D. Biggert; but, as our conclusion is reached without regard to that circumstance, they will be treated as one. The agreement provided that the steamer was to be commanded by Braithwaite, and she was accordingly run by him during the navigation season of 1880, and earned $8,000, which went into the hands of Biggert, who was financial agent under the agreement ”