(Download) "Southworth Machinery Co. v. Pride" by United States Court of Appeals for the First Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Southworth Machinery Co. v. Pride
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 02, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
BOUDIN, Circuit Judge. On October 19, 1987, Southworth Machinery, Inc. (""Southworth"") filed in the district court an admiralty suit in rem against the vessel F/V Corey Pride (""Corey Pride"") and in personam against All Trawl, Inc. (""All Trawl""), Robert Anderson, and James Corey for breach of contract. All Trawl is a Massachusetts commercial fishing corporation which owns the Corey Pride and Anderson is All Trawl's president. James Corey is identified in Southworth's complaint as either an agent or principal of All Trawl. Southworth sought to recover a balance of $12,148.28 due for its assembly and installation of a refurbished diesel engine for the Corey Pride pursuant to an oral contract between itself and Anderson. Shortly after the engine was installed on the vessel by a Southworth employee, a fire broke out on the Corey Pride while it was out at sea on a fishing expedition. Claiming that the fire was caused by defective engine parts and faulty installation, defendants Corey Pride, All Trawl, and Anderson filed counterclaims against Southworth for breach of contract, breach of express and implied warranties, and breach of the Massachusetts Consumer Protection Act, Mass. Gen. L. ch. 93A (""chapter 93A""). An additional claim for negligence was later asserted at trial.