Harrison C. Goodell | ads. [adversus] | Petition & Summons David A. Powell | And the said defendant comes and defends the wrong and injury when, where &c. and says actis non because he says that the consideration of the note in the plantiff's Petition mentioned has wholly failed in this to wit: that on the 17th day of April A.D. 1839 it was agreed by and between the plaintiff and defendant, that said plaintiff should build for the defendant an Engine of 6 or 6 ½ inch cilinder [sic] (in the bore) two feet stroke one thirty six Inch diameter double flued Boiler fourteen feet long completing all the end of the main shaft, including two sets of [struck: brass] boxes for saw pitman, to be ready on the twenty second day of April Inst. for shipping oiled and Boxed, the said defendant to pay the cost of the Boxes for same for the sum of eight hundred [struck: dollars] and forty-five dollars, to be paid by said defendant to said plaintiff as follows Three hundred and eighty dollars of which had been received by said plaintiff of said defendant, on the 15th day of April aforesaid, three hundred and ninety dollars to be [2] paid on the delivery of said Engine; and the ballance [sic] which is seventyfive dollars to be paid six months after. Said Engine was to be built of first rate material, and in a good workman like manner. And [struck: because] that afterwards towit on the 26th day of April aforesaid said Engine was delivered to him in Boxes, and that he then and there paid said plaintiff the said sum of three hundred and ninety dollars dollars [sic] according to said agreement, and executed his promissory note to said plaintiff for the remaining seventyfive dollars, which by said agreement was to be paid six months after, and which note the defendant avers is the same in the plaintiffs Petition mentioned. And the said defendant avers that the [struck: boiler] head of the boiler so delivered to him was cracked at the time of said delivery so as to injure [inserted above: & damage] the same to the amount of seventyfive dollars, that said crack was not easily perceived, was not in fact perceived by him, said defendant, nor was any notice given him of the same; that one set of the said Boxes for saw pitman was not delivered with said Engine, but that owing to the smaller parts of said Engine being put up in boxes, the deficiency of said [3] pitman boxes, was not, nor could not at that time be, discovered by him; that said boxes so lacking were worth fourteen dollars; that in like manner, and for the same cause undiscovered by said plaintiff, was the deficiency in the delivery of the following named articles which should have been delivered according to said contract; towit: 1 long bolt at $1-25 2 small wrists 2-00 1 hand cap & bolt for boiler 1-50 3 wrought iron flanges for copper pipes 1-12 ½ 1 wrought iron gasket for cilinder [sic] head 75- 2 gage [sic] cocks for boiler 2-00 Also that said Engine was deficient in not being fitted up to the value of six dollars, which deficiency was at the time concealed from him by the cause aforesaid. That he has fully paid for said Engine according [to] the agreement aforesaid except the note aforesaid, and that the deficiency aforesaid more than equals in amount the note aforesaid; and this he is ready to verify, wherefore he prays judgement &c. Logan & Lincoln / &c. [?] [4] [docket:] Goodell | ads. | Plea Powell |