Samuel Blatchford

“ That the stipulation in the charter-party, that the vessel is 'now sailed, or about to sail, from Benizaf, with cargo, for Philadelphia,' is a warranty, or a condition precedent, is, we think, quite clear. It is a substantive part of the contract, and not a mere representation, and is not an independent agreement, serving only as a foundation for an action for compensation in damages. A breach of it by one party justifies a repudiation of the contract by the other party, if it has not been partially executed in his favor. ”

“ Schumacher & Co. having ascertained, on the ninth of August, that the steamer passed Gibraltar outwards from Benizaf on that day, and being then satisfied that she would not arrive in time to load, either at Baltimore or Philadelphia, in August, at once set about securing another vessel, and on the 16th got one, which they afterwards loaded at an increased cost of freight to them, over what they would have been compelled to pay the Whickham, of one thousand nine hundred and eighty-eight 25-100 dollars. ”

“ It is agreed that this new charter was effected on as favorable terms as it could have been in the month of August, and that, if Schumacher & Co. are entitled to recover at all, it must be for the increase in the cost of freight which they paid. ”