Benner v. Elliott

Elliott sued Benner in covenant. The action is founded on an agreement by which, in consideration, &c., the defendant agreed to build a mill-dam for the *452plaintiff, and insured it to stand for one year from the time of its completion; breach, that the dam was so carelessly built, that it was washed away before the time expired for which it was insured to stand. There are five special pleas. Issues to the country on the first, second, and fourth pleas.

The third plea is as follows: That after the dam was finished, and before it was -washed away, the plaintiff^ of his own accord and without the…