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Contracts Keyed to Barnett
Alaska Packers’ Ass’n v. Domenico
Citation:
United States Circuit Court of Appeals, Ninth Circuit, 117 F. 99 (1902)ProfessorMelissa A. Hale
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Facts
On March 26, 1900 in San Francisco the Seamen entered into a written contract with Alaska Packers. They agreed to go from San Francisco to Pyramid Harbor, Alaska, and back, on a ship as designated by Alaska, and to work for Alaska during the fishing season of 1900 at Pyramid Harbor as sailors and fishermen, agreeing to do “regular ship’s duty, both up and down, discharging and loading; and to do any other work whatsoever when requested to do so by the captain or agent of [Alaska].” Alaska was to pay $50 to each employee for the season, and two cents for each salmon caught. On April 15th, 1900, the Seamen signed the contract ($60 for the season for the Seamen). The Seamen arrived in Alaska, and on May 19th, they stopped work, demanding $100 for the season or else they would return to San Francisco due to faulty nets (there was conflicting evidence at trial as to whether the nets were faulty). Alaska Packers tried to find replacements, but was unable to do so. Alaska Packers therefore yielded to the demands for $100 for the season and executed a new contract via its superintendent in Alaska, who told the Seamen he couldn’t alter the original contracts. After the season, Alaska Packers refused to pay $100 for the season, denying the contract’s validity. The Seamen sued to enforce the second contract.
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Topic Resources
Topic Outline
Interpretation of the ContractTopic Refresher Course
Modification: UCC and Common Law Part