Moore v. Curry

After the decision in this case, as reported in 106 Mass. 409, the plaintiff filed a new count for money paid by the plaintiff in payment towards the one eighth of the bark which the defendant had agreed to sell him. The special count was also amended. An amended answer was filed, and the case was tried without a jury. One of the stipulations of the contract was that the plaintiff was to be the master of the bark, and to pay the balance out of his wages. The judge found that the contract was broken by the defendant in discharging the plaintiff from the command of the ship before any…