Taber Mill v. Southern Brighton Mills

1. This is the third appearance of this case in this court. The defendant filed a demurrer to plaintiff’s declaration in attachment and the trial court overruled the demurrer. On exceptions to that judgment this court held that the demurrer was good in so far as it questioned the right of recovery by the plaintiff be*391cause of the alleged want of tensile strength in the yarn, there being nothing in the contract sued on that fixed any tensile strength. This court further held that the declaration in attachment was good in so far as it sought to recover for beams and freight. The judgment of the…