McDowell v. Blackstone Canal Co.
U.S. Circuit Court for the District of Rhode Island
Assumpsit on several counts. (1.) On a special agreement for excavating and embanking sections Nos. 11 and 12 of the Blackstone canal, at 10 cents per cubic yard for excavation, &c. &c. (2.) For labour and services generally. (3.) For work and labour by a person as agent of the plaintiff [John McDowell], There were several other counts, which the plaintiff discontinued before the trial. Plea, the general issue.
Read the full summary
Assumpsit on several counts. (1.) On a special agreement for excavating and embanking sections Nos. 11 and 12 of the Blackstone canal, at 10 cents per cubic yard for excavation, &c. &c. (2.) For labour and services generally. (3.) For work and labour by a person as agent of the plaintiff [John McDowell], There were several other counts, which the plaintiff discontinued before the trial. Plea, the general issue. At the trial it appeared in evidence, that sundry sums of money had been advanced, from time to time, by the canal company to the plaintiff, for which he had given receipts,…
1Opinion of the Court
STORY, Circuit Justice.
It is the opinion of the court, that the advances being made on general account, and being so stated in the receipts, are to be applied in the first place to extinguish the amounts due upon the contracts which have been completed, and upon which alone the plaintiff has entitled himself to receive payment. They therefore go to discharge the amounts due for the completion of the contracts for the excavation and embankment of sections Nos. 11 and 12. But the work and labour upon section No. 14 was done under an entirely new and distinct con*71tract, and that contract has…
2Cited by2 opinions
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843
- Early v. FlannerySupreme Court of Vermont · 1875