Scott v. Whipple
Supreme Judicial Court of Maine
Tins was art action of covenant on an indenture of five parts, iu wide,!’ ?;'u itlsr :!ff covenanted “within the space of three months, (unavoiuable accidents excepted,) next ensuing the date” of the indenture, “ iu a good, substantial and workmanlike manner” to build a certain mill-dam for the defendants.
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Tins was art action of covenant on an indenture of five parts, iu wide,!’ ?;'u itlsr :!ff covenanted “within the space of three months, (unavoiuable accidents excepted,) next ensuing the date” of the indenture, “ iu a good, substantial and workmanlike manner” to build a certain mill-dam for the defendants. The defendants after oyer, pleaded, among other things, in bar of the action, “ that the .plaintiffs did not, within three months from the date of said writing, in a good, substantial and workmanlike manner, erect, build and finish said mill-dam, according to the true intent and meaning of…
1Opinion of the Court
Mellen C. J.
The plea in bar in this ease puts in issue two distinct and independent facts; and if either should, on an issue to the country, have been found for the defendants,- it would have been a bar to the action. When such a plea is specially demurred to, as in the present case, for the duplicity, it must be adjudged bad ; for if the plea may put in issue two such facts, it might also a compliance with all the terms and particulars of the contract, as to the form and position of the mill-dam, and the materials of which it was to be composed. See Archbold’s Dig. 191; 5 Bac. Abr. Pleading…
2Cases cited1 opinion
- Rogers v. BurkNew York Supreme Court · 1813
3Cited by1 opinion
- Hughes v. Singer Sewing Machine Co.Supreme Judicial Court of Maine · 1953