The opinion of the court was delivered by: MITCHELL
Plaintiffs, Nolte Griffin and Eumes J. Griffin, Jr., filed suit against Hunt Tool Company for damages allegedly sustained as the result of a seizure by Hunt of two propellers belonging to the Tug Southerner, a vessel owned by G & G Towing Company, a partnership composed of Nolte Griffin and Eumes J. Griffin, Jr.
One of the plaintiffs, Nolte Griffin, had previously contracted with defendant for repairs to the Tug Boy, which he formerly owned, for which repairs he was indebted to defendant in the sum of $1,727.31. Nolte Griffin openly acknowledges that indebtedness, for which defendant counterclaimed against him in this action.
On April 30, 1966, the Southerner was engaged in the transportation of shells for Little Lake Dredging Company at a hire rate of $240 per day. Her master, Loris Lee, noticed that her right propeller was not functioning properly. He contacted Nolte Griffin, who, after making an underwater inspection of the propeller, instructed Lee to take her to Tibo Shipyards for repairs. Captain Lee misunderstood Griffin's instructions and took the Southerner to defendant's shipyard.
There is serious conflict in the evidence as to the events which transpired at the shipyard. The court accepts plaintiffs' version as being the most credible.
Since the vessel no longer could navigate, Lee retrieved the rudders, which had been left on the dock, and made arrangements, that night, to have the Southerner towed from the shipyard to Harvey, Louisiana. Upon being informed of the seizure of the propellers, Nolte Griffin contacted defendant shipyard's personnel and was told that he would have to pay the $1,727.31 that he owed for work on the other vessel, the Boy, in order to secure the release of the Southerner's propellers. Nolte Griffin offered to pay the costs of the repairs to the Southerner but that was unacceptable to defendant.
Some days later Nolte Griffin, accompanied by Roy Barrios, again returned to the shipyard, in another attempt to have the Southerner's propellers released by paying the current indebtedness. At this meeting Barrios told Vincent Moore, general manager of the shipyard, that he would personally guarantee the payment of the $410.97 due for repairs to the Southerner's propellers, but Moore declined to ...