Commandeur v. Russell

The defendant, sued for the balance of the price of a steam boat built by the plaintiff, pleaded that the contract he was sued on was written, and contained conditions precedent, which the plaintiff had not complied with; that there was a suit pending in Kentucky for the same cause of action; that the boat was not completed in due time, and she is not constructed according to the contract.

The plaintiff had a verdict, for which judgment was given with interest from the judicial demand, and ordered the sale of the boat for the plaintiff’s payment: the defendant appealed.

His counsel took three…