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Alaska Packers’ Ass'n v. Domenico

United States Court of Appeals for the Ninth Circuit
117 F. 99 (1902)

Alaska Packers' Ass'n v. Domenico


Alaska Packers’ Association (APA) (defendants) contracted with a group of sailors (plaintiffs) to sail between San Francisco and Alaska, and en route perform regular duties as well as other duties requested by the captain or agents of APA. APA agreed to pay each sailor $50 for the season and two cents per salmon they assisted in catching. After arriving in Alaska, the sailors stopped working and demanded $100 for the season in order to resume their work. Being unable to hire replacement sailors, an APA representative in Alaska signed a new contract agreeing to the higher pay. However, upon returning to San Francisco, APA paid only the original contract price of $50. The sailors sued APA in admiralty to recover the full amount payable under the new agreement, alleging they had demanded the new contract price because APA had provided them faulty fishing nets. This fact was heavily contested and the trial court determined that APA had not provided faulty fishing nets to the sailors. Judgment was entered for the sailors and APA appealed.

Rule of Law


Holding and Reasoning (Ross, J.)

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