Boyle v. . Reeder
Supreme Court of North Carolina
This was an action of Covenant, fried at the Spring Term, 1841, of Bertie Superior Court, before his Honor Judge Nash/ A copy of the covenant declared on, so far as it is material to this case, is 'annexed. The plaintiff alleged the following breaches: 1st. That the engine was not finished and ready for shipment at the port of Baltimore on the 1st of March,’ 1837; 2dly. That the engine was not put up by the 1st of May, 1837; 3dly.
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This was an action of Covenant, fried at the Spring Term, 1841, of Bertie Superior Court, before his Honor Judge Nash/ A copy of the covenant declared on, so far as it is material to this case, is 'annexed. The plaintiff alleged the following breaches: 1st. That the engine was not finished and ready for shipment at the port of Baltimore on the 1st of March,’ 1837; 2dly. That the engine was not put up by the 1st of May, 1837; 3dly. That the engine was not made of good materials, nor in a workmanlike manner; 4thly. That it had but one shaft, and a single instead of a double crank; 5thly. That…
1Opinion of the CourtRuffin, C. J.
The court does not perceive any cause of complaint on the part of the appellant with the instructions to the jury. His Honor held, that the plaintiff was en titled to recover damages on the covenant of the defendant to furnish an engine, ready for shipment on the first day of March, 1837, unless the plaintiff had himself enlarged the timé; and also damages for the inefficiency of the work, whether arising from the badness of the materials or workmanship, or because it did not correspond in form and parts with the contract. Those instructions embraced every breach alleged by the plaintiff,…
2Cited by15 opinions
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