Mitchell v. McKinnon

This suit was brought for the recovery of liquidated damages.

The declaration consists of two special counts. It set forth that defendants were boiler-makers, and that plaintiffs were vessel owners, and engaged in the business of controlling and using steam-vessels and tug-boats; that they entered into a contract with defendants to rebuild and repair a marine boiler, and place it in the steam-tug Luther Westover, and to have the same completed on or before February 10, 1877, which contract contained this clause:

“ And for the true and faithful performance of all and every one of the above…