Constable v. Clovery , 1 N.C. 12 ( 1793 )

Doderidge, J.

The traverse cannot be maintained clearly, because the wind may blow fair for a quarter of an hour, and the vessel may spring a leak while the wind is fair.

Curia assented, and

Jones, J.

said, most clearly, an action of covenant lies for not sailing with the first wind: For thereby the market may be lost. Postea, p. 49. Poph. 161. Bendl. 146. Noy 75. Palm. 397.