J.F. White Contracting and New England Tank Industries entered into a contract for the construction of oil tanker dock facilities on the Piscataqua river. Tank sued White for defective workmanship, and after a five-year trial, White is appealing an adverse verdict of $20,000. The main issues in the appeal are whether an exchange of correspondence between the parties constituted a release or accord and satisfaction, if the defects not listed in the agreement negate the recovery of defective workmanship, and if a contract provision stating that approval of invoices by Tank's engineer was "final, conclusive, and binding on both parties" bars recovery.
J. F. White Contracting Co. v. New England Tank Industries of New Hampshire, Inc. (1968)
United States Court of Appeals for the First Circuit
393 F.2d 449
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