McGowan v. American Pressed Tan Bark Co.
121 U.S. 575 (1887)

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U.S. Supreme Court

McGowan v. American Pressed Tan Bark Co., 121 U.S. 575 (1887)

McGowan v. American Pressed Tan Bark Company

Argued March 25, 28, 1887

Decided May 2, 1887

121 U.S. 575

Syllabus

In this case, the question being whether a contract was made by the defendants as co-partners or for a corporation, it was held that the instructions to the jury on the subject were proper.

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 6O 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.

A supplemental contract between the parties construed as to its bearing on the original contract sued on.

A counterclaim or recoupment must be set up in the answer to be available.

An objection to the competency of an expert witness to testify overruled.

Page 121 U. S. 576

This was an action at law to recover damages for nonperformance of a contract. Verdict for the plaintiff and judgment on the verdict. Defendant sued out this writ of error. The case is stated in the opinion of the Court.

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