William Cramp & Sons Ship & Engine Bldg. Co. v. Sloan

• Decision Date: 28 August 1884
• Citation: 21 F. 561
• Parties: WILLIAM CRAMP & SONS SHIP & ENGINE BUILDING CO. v. SLOAN and another.
• Court: U.S. District Court — Southern District of New York

21 F. 561

WILLIAM CRAMP & SONS SHIP & ENGINE BUILDING CO. v. SLOAN and another.

United States Circuit Court, S.D. New York.

August 28, 1884

William G. Choate, for plaintiff.

Hamilton O'Dell, for defendant.

WHEELER J.

There was no question at the trial but that the plaintiff commenced and proceeded with the construction of two steam-ships, until stopped by the defendants, upon some understanding with them that the ships would be wanted, at the price of $570,000 when completed, for an enterprise in which they were interested, and which they hoped to carry out. The point upon which the case turned was whether the plaintiff proceeded upon order from the defendants to build the ships for them according to the plaintiff's proposals, or at the plaintiff's own risk as to the ships being wanted for the enterprise. There was direct and positive testimony that the plaintiff proceeded upon the order of the defendants, which was corroborated by some circumstances, so that, although there was positive evidence to the contrary, the jury did not come to their finding without competent evidence. Neither was the verdict so against any great preponderance of evidence as to show that it was reached through passion, prejudice, or other improper motive, or want of consideration. The evidence upon the principal point was mostly oral and circumstantial. It was such as the parties had the right to have the jury weigh, and such as was very proper for the jury to weigh. As the parties had the right to have it weighed, so they have the right to have the result stand, unless error in law has intervened. Any other conclusion would impair the right to a trial by jury, guarantied to all parties to such causes.

The greatest doubt as to the correctness of the rulings at the trial has arisen upon that part of the instructions to the jury to the effect that, if both parties did not mutually understand that the building of the ship was to be proceeded with for the defendants, upon their contract to take and pay for them, still if the defendants gave the officers of the plaintiff, who transacted the business, fairly to understand as prudent men in the transaction of such business, that the plaintiff might go on and build the ships for them, and they would take them at the agreed price, the defendants would be bound. This was not intended to trench upon the necessity of a meeting of the minds of the parties to make a contract. The...