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Case No. 17,016.
VOSS v. VARDEN.
[1 Cranch, C. C. 410.]1
Circuit Court, District of Columbia.
June Term, 1807.
BREACH OF CONTRACT.
Upon an agreement to do certain brick work at twelve dollars a thousand, in a workmanlike manner, the plaintiff may recover, although part was not done in a workmanlike manner.
Declaration for work and labor. The plaintiff proved an agreement to do certain brickwork, in a workmanlike manner, at twelve dollars a thousand. The defendant proved that part of the work was not done in a workmanlike manner.
Mr. Caldwell, for defendant, prayed the court to instruct the jury that if they should be of opinion that the work was not done in a workmanlike manner, the plaintiff could not recover any thing.
But THE COURT refused. DUCKETT, Circuit Judge, absent.
1 [Reported by Hon William Cranch, Chief Judge.]
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