The opinion of the court was delivered by: MARIS
This is a libel filed by Colonna's Shipyard, Inc., hereinafter called Colonna, against the Oil Barge U.S. 219, hereinafter called the barge, and Steel Oil Transport Corporation, hereinafter called Steel, as owner of the barge, to recover the sum of $877.50, being the cost of certain repairs made to the barge. The barge was not seized by the marshal, but instead Steel, as claimant, filed a stipulation in the sum of $1,000 with Indemnity Insurance Company of North America, as surety. From the evidence I make the following
Special Findings of Fact.
On April 18, 1936, the barge was demised by Steel to Chesapeake Oil Transport Company, hereinafter called Chesapeake, by the following agreement or charter party:
"Chesapeake Oil Transport Company,
"Attention of: Geo. E. Rogers, Pres.
"It is hereby mutually agreed that:
"Oil barge 'U.S. 219' is delivered to your account for the sum of $400. (Four Hundred Dollars). The second payment of $400.00 is due to be paid on May 25th, 1936 and every month thereafter on the 25th day of that month for as long as you wish to charter barge. Should charterer decide to terminate the charter and not purchase the barge, the barge is to be returned to Philadelphia at the expense of the charterer.
"Charterer is to insure at their expense the barge 'U.S. 219' for all Marine risks and explosion in a responsible and acceptable insurance company to the owners, for a valuation of $8,000. (Eight thousand dollars). Charterer is also to carry at their expense all insurance necessary on cargoes, crew, longshoremen, etc.
"If the sale price of $8,000.00 is agreed upon at any time by the charterer, then the owners agree to apply all charter money toward purchase price and the charterer further agrees to pay the owners at the rate of $500.00 per month on the balance due until the full purchase price of $8,000.00 has been made.
"Charterer agrees that barge is in seaworthy condition upon the time of delivery to their account and agrees to return barge in the same ...