Montague v. Boston & Fairhaven Iron Works

The plaintiff’s declaration alleges that the defendants made a contract, a copy of which is annexed; that the plaintiff has performed it on his part, but the defendants have not performed it in several specified particulars. Whatever adaptation the answer might have to a suit in equity, most of it is not adapted to an action at law, and a great part of it ought to be stricken out as irrelevant. Most of its allegations do not tend to present an issue to the court or jury. But it contains a substantial admission of the making of the contract; a denial of performance by the plaintiff, and of a…