Ghen v. Rich

Fin-back whales sink when killed and resurface days later, often far from the kill site; Cape Cod custom required whoever found such a whale to notify the original whaler, who would then come harvest the blubber, paying the finder a small fee. Ghen (plaintiff) killed a fin-back whale, but when Ellis found it days later, he broke custom and sold it at auction to Rich (defendant), who harvested it himself; Ghen sued Rich for the whale's value.