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Contracts Keyed to Jimenez
Alaska Packers’ Ass’n v. Domenico
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Frozen North Packers’ Association (APA) (defendants) contracted with a group of sailors (plaintiffs) to sail between San Francisco and Alaska, and on the way perform standard obligations and in addition, different obligations asked for by the commander or operators of APA. APA consented to pay every mariner $50 for the season and two pennies for each salmon they helped with getting. After arriving in Alaska, the Mariners stopped working and demanded $100 for the season keeping in mind the end goal to continue their work. Being not able to contract substitution Mariners, an APA delegate in Alaska marked another agreement consenting to the higher pay. However, after coming back to San Francisco, APA paid just the first contract cost of $50. The sailors sued APA in admiral’s office to recoup everything payable under the new agreement, asserting they had requested the new contract price because APA had provided them faulty fishing nets. This fact was intensely challenged and the trial court confirmed that APA had not provided faulty fishing nets to the sailors. Judgment was entered for the sailors and APA appealed.
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