J.F. White Contracting Co. v. New England Tank Industries of New Hampshire, Inc.

393 F.2d 449 (1968)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
J
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

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 (1968)

SC

Facts

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

Issue

Holding and Reasoning (Coffin, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 810,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 810,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 810,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Civil Procedure