Civil Procedure Keyed to Friedenthal
J.F. White Contracting Co. v. New England Tank Industries of New Hampshire, Inc
The Appellant and the Appellee, the New England Tank Industries of New Hampshire, Inc. (Appellee), entered into a contract to build an oil tanker dock facilities on the Piscataqua River. The Appellee, the owner of the premises sued the Appellant for defective workmanship concerning four cylindrical metal cells. A jury trial held for the Appellee in the amount of $20,000. The Appellant appealed, asserting that the recovery was barred by a contract provision that stipulated the approval of invoices by the Appellee’s engineer was final, conclusive, and binding on both parties. The Appellant further asserted that it was error to have allowed the question of one of the cells being “out of round” to go to the jury. A ship in the process of installation had damaged the cell in question and the Appellant repaired it.
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