Thompson v. Allsman

Opinion of the Court, delivered by

Scott, Judge,

This was an action of assumpsit brought by Allsman against the plaintiffs in error, on a written contract to build two boats of a particular description. The declaration contained counts on the special agreement, and a common count for work and labor, &e. On the trial, Allsman obtained a verdict and judgment.

The testimony in support of the special counts was contradictory; and evidence was given, conducing to show that the plaintiffs in error accepted the boats after they were built.

The court instructed the jury, that if they believed from the…