Merrill v. Gore
Supreme Judicial Court of Maine
Assumpsit upon an account and written contract. The contract declared on was to furnish a ship frame for the defendants, and among other things, it provided that the timber should be of good quality and hewn to the moulds in a workmanlike manner, and to the acceptance of such master carpenter as the said defendants might select to superintend the building said ship, or the hewing and moulding said timber, the said master carpenter’s service to be paid for by the plaintiff ;…
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Assumpsit upon an account and written contract. The contract declared on was to furnish a ship frame for the defendants, and among other things, it provided that the timber should be of good quality and hewn to the moulds in a workmanlike manner, and to the acceptance of such master carpenter as the said defendants might select to superintend the building said ship, or the hewing and moulding said timber, the said master carpenter’s service to be paid for by the plaintiff ; which was to be delivered in Freeport, as soon in the spring of 1848 as boats could pass through the Cumberland and…
1Opinion of the CourtShepley, J.
The plaintiff made a written contract with the defendants to furnish timber for the frame of a ship.
It was contended in defence, that part of the timber furnished was of a bad quality and was rejected as refuse by a sworn surveyor. There was a memorandum indorsed upon the contract, that John Maxwell had been selected to superintend the moulding of the timber. The case is presented on exceptions taken to the instructions given to the jury.
They were instructed, “ that the true construction of the contract was, that Maxwell was agreed upon by the parties to decide upon the quality of the timber,…
2Cited by1 opinion
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