A Treatise On the Law of Sales of Personal Property, With Illustrations From the Foreign Law

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Co., 1 Slory, R. 312.
CHAP. III.J OF CONTRACTS OP SALE BY AGENTS. 99 duty to forward it in another vessel to its port of destination ; and if a vessel cannot be procured in the port where he is wrecked, he must go to a contiguous port to procure one.^ But he is not obliged to go further than a " port immediately contiguous," for the purpose of seeking another vessel.^ In case then he can find no vessel, in which to forward the goods, his duty would seem to be, if they were not perishable, to st
...ore the goods, and wait for orders from the shipper.^ Again, if, although it be of a perishable nature, it, nevertheless, can be transmitted without injury, he is bound to transmit it, if he can find a ship, and if he cannot, his duty is to sell.* If, again, the vessel can be repaired in a reasonable time, and the cargo is not perishable, the master may store it until the repairs are completed, and then proceed with it in his own ship.^ Where the cargo is of a perishable nature, much is left to the discre- tion of the -master, as to reshipment or sale thereof; and the question is to be determined by the circumstances of each case, as it arises.

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