McGowan v. American Pressed Tan Bark Co.
Citations
- 121 U.S. 575
- 7 S. Ct. 1315
- 30 L. Ed. 1027
- 1887 U.S. LEXIS 2076
Syllabus
<p>In this case, the question being whether a contract was made by the defendants as copartners, or for a corporation, it was held that the instructions to the jury on the subject were proper.</p> <p>Where, by a contract, the defendants were to erect machinery on a steamboat in 60 days from the date of the contract, and the plaintiff did not furnish the steamboat until after the expiration of the 60 days, and the defendants then went on to do the work, they were bound to do it in 60 days from the time the boat was finished.</p> <p>A supplemental contract between the parties construed, as to its bearing on the original contract sued on.</p> <p>A counterclaim or recoupment must be set up in the answer, to be available.</p> <p>An objection to the competency of an expert witness to testify, overruled.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where there was a written agreement for the construction of machinery which “would sustain and work up to a pressure of 1,500 tons” and the machinery was unable to sustain such pressure, plaintiffs could recover damages for breach of contract
Source: CourtListener parenthetical corpus (CC0).
Judges: Blatchford
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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