MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The Court of Claims has found expressly that the condition of the vessel (when she was discharged from the charter, which made the repairs sued for necessary) resulted from the ordinary wear and tear of the service in which she was engaged under the charter party. This is conclusive against any recovery for these repairs. It was expressly provided in the charter party, that the government need not make good...
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