Question
Beaston owned a schooner which broke from its moorings during a gale. He located the boat, which was leaking, and took it to the nearest
Beaston owned a schooner which broke from its moorings during a gale. He located the boat, which was leaking, and took it to the nearest available place, a stone quarry dock, and fastened it with a rope, a chain, and two pieces of cable. This of course, was not sufficient protection against damage, but was the best that he could do under the circumstances. Beaston therefore immediately informed Walls of these facts and Walls contracted to tow in the schooner to a designated place. Calm weather prevailed for a few days, but Walls tailed to tow in the schooner. A storm broke out and the Schooner was completely wrecked. Beaston sued Walls to recover the value of the schooner. Will Beaston succeed?
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