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Contracts Keyed to Marshall
Alaska Packers’ Ass’n v. Domenico
Citation:
117 F. 99 (1902)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On March 26, 1900, at the city and county of San Francisco, the libelants entered into a written contract with the appellants, whereby they agreed to go from San Francisco to Pyramid Harbor, Alaska, and return, on board such vessel as might be designated by the appellant, and to work for the appellant during the fishing season of 1900, at Pyramid Harbor, as sailors and fishermen. By the terms of this agreement, the appellant was to pay each of the libelants $50 for the season. On the 15th day of April, 1900, 21 of the libelants of the libelants signed shipping articles by which they shipped as seamen on the Two Brothers, and also bound themselves to perform the same work for the appellant provided for by the previous contract of March 26th; the appellant agreeing to pay them therefor the sum of $60 for the season, and two cents each for each red salmon in the catching of which they should respectively take part. A few days thereafter May 19th, they stopped work in a body, and demanded of the company’s superintendent there in charge $100 for services in operating the vessel to and from Pyramid Harbor; stating that unless they were paid this additional wage they would stop work entirely, and return to San Francisco.
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Defenses to Formation