District Court, N.D. California November 20, 1908 (Stockton Milling Co. v. California Navigation & Improvement Co.)

DE HAVEN, District Judge.

The libelants seek, in this action, to recover damages from the respondent on account of an alleged breach of contract. The contract was verbal, and it appears from the evidence that by its terms the respondent agreed to transport for libelants in open barges a quantity of flour from South Vallejo to the port of Stockton for 65 cents per ton, the libelants to assume the