Samuel Blatchford

“ It is contended, however, that, as the respondent refused to retain or use the vessel unless the tanks were fitted up by the libelant, as provided in the charter party, an implied contract arose; and that, as the libelant did such fitting up, the respondent must bear the expense. But it is found, in effect, that the respondent always and constantly refused to assume the expense, and insisted, as the ground for the making of the alterations, that under the charter party it was the duty of the libelant to make them. No duress by the respondent is allleged in the libel, or shown. ”

“ Owners only gave liberty to carry petroleum in ballast tanks; they never agreed to 'fitted at their own expense.' We are really sorry you put them in charter party without authority. Owners are certain to pitch into us;' and that he had also received cable information that the steamship Marzo was about leaving Bilbao for the United States. ”

“ Judge Lacombe, in his opinion, said that there was nothing to add to the opinion of the district judge; that the findings made by the circuit court sufficiently showed upon what theory the decision of Judge Brown was affirmed; and that, as both sides had appealed, no costs of the circuit court were allowed to either party. ”