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Ann R. Dermott, Plaintiff in Error v. Zepheniah Jones

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eBook details

  • Title: Ann R. Dermott, Plaintiff in Error v. Zepheniah Jones
  • Author : United States Supreme Court
  • Release Date : January 01, 1859
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

Fourth Prayer. If the jury find, from the evidence aforesaid, that the plaintiff so negligently and unfaithfully executed the work specified in the contract and specifications aforesaid, that, from insufficient drainage, bad workmanship, departure from the written specifications, or other acts or omissions of the plaintiff, in so negligently and unfaithfully executing said work, the three stores and warehouse aforesaid were damaged and injured, as stated in the evidence, then the defendant is entitled to recoup or deduct from the amount claimed in this action all damages sustained by the defendant, and resulting from said injury. Granted. Fifth Prayer. That, under the issues joined on the first count of the amended declaration, the defendant is entitled to the verdict, unless the jury shall find, from the evidence, that the plaintiff did finish and deliver over to the defendant the three stores and warehouse described in said written contract, ready for use and occupation, on or before the 1st day of October, A. D. 1851. Rejected.


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