Secor v. Lord

The testimony excepted to hy the defendant, which was received hy the referee, related to two questions: First, whether the defendant was individually liable upon the demands in suit, or only jointly with Roberts and others, as set forth in the answer; and, second, whether the defendant had any valid claim for damages consequent upon the failure of the plaintiffs and their assignors to complete the boilers and machinery in question within the time fixed by the contract for that purpose. The facts found by the referee, wholly independent of such testimony, conclusively determine the rights of…