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Moragues Lumber (P) claims damages of $13,000 against Scott (D) for an agreement between P and D on June 27, 1917, consisting of an offer by D to charter a boat to P for transporting a cargo of lumber from the Gulf of Mexico to Montevideo or Buenos Aires. This offer was contingent upon D buying a certain American vessel of about 1,050 tons and then due in Chile. The cost for the freight of this charter was to be $65 per thousand feet of lumber, freight prepaid, free of discount and of insurance and the vessel to be furnished to P within a reasonable time after its purchase by D. This offer was accepted by P and P avers that although D purchased the vessel and P was at all times ready to perform, D without notifying P of the purchase and before the vessel was delivered to D, D chartered it to a third person and thereby rendered himself unable to comply with the contract. P got the judgment. D appealed.

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