Stephens v. Weyl-Zuckerman & Co.

The action is for the balance due for the construction by plaintiffs of a gasoline launch under an ex press contract requiring the payment by defendant of the sum of $1,550 and providing that the launch should be completed on June 1, 1914. The boat was not ready on time but was accepted by defendant, which claimed, however, that it was entitled to a rebate or recoupment in consequence of the damage caused by the delay. It was, though, found by the court that there was a waiver of any such claim and the real controversy revolves around this consideration. The basis for the court’s conclusion…