J.F. White Contracting Co. v. New England Tank Industries of New Hampshire, Inc.
United States Court of Appeals for the First Circuit
393 F.2d 449 (1st Cir. 1968)
J.F. White Contracting Co. (White) (defendant) contracted to build a dock for New England Tank Industries of New Hampshire, Inc. (Tank) (plaintiff). The dock was to consist of four metal cells, mostly under water, connected by a catwalk. One of the cells was dented by a ship and the damage was visible above water from the shore. There were also ruptures to the dock under water. Tank brought suit for defective workmanship. The trial court submitted the dented cell issue, among other problems with the dock, to the jury. The jury found in favor of Tank. White appealed on the grounds that (1) Tank’s recovery was barred by a provision in the contract and (2) the issue of the above-water dented cells should not have been submitted to the jury. White had not raised the provision in the contract at the trial level.
Rule of Law
Holding and Reasoning (Coffin, J.)
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