Marion Steel Co. v. Alderton Dock Yards, Ltd.

Upon the state of the record the court was not warranted in charging that the defendant’s contract required completion within ninety days. The trial seems to have proceeded upon the theory of an ambiguity in the writings that passed between the parties. This appears from the fact that the defendant’s president was permitted to testify without objection that he refused to undertake the work of dismantling the hull of the vessel and cutting up the steel within any specified time. His testimony in this respect stood uncontradicted. There was presented, therefore, a question of fact with respect…