Cutler v. Cox

This was an action on the case founded on tort. The declaration contains four counts. The first three state that the parties entered into an agreement under seal, by which the defendant became bound to build for the plaintiff a good aiid sufficient JVew-Orleans boat, for a certain and fair price; that the boat was built and delivered, and the price paid; that at the time of delivery there were defects in the boat, which were under the water and not discoverable; that on taking the boat about two miles from the place of delivery, it sunk in consequence of those defects. The first two counts…