McGowan v. American Pressed Tan Bark Co.

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>