A sale is a thing of last resort1, justified only by necessity2. The circumstances of each particular case must be taken into consideration3. The principal circumstances to be considered are the situation of the cargo4, and its nature and condition5. To justify the master's selling the cargo it must be shown that he has used all reasonable efforts to have it carried to its destination and that he could not, by any means available to him, carry it, or procure it to be carried, to its destination in a merchantable condition
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