Gonsalves

Frank Gonsalves, Jr., and six partners contracted with Hodgson-Greene-Haldeman Shipbuilders, a co-partnership, to build a fishing vessel for them. Charging breach of the contract in many particulars, they sued the shipbuilders and a jury returned a verdict in their favor upon each of three causes of action. The appeal is from the judgments entered upon these verdicts, from certain orders denying motions to vacate them, and from orders denying motions for the entry of judgments notwithstanding the verdicts.

F. W. Hodgson is one of the partners of Gonsalves and also a partner in Hodgson-Greene-Haldeman Shipbuilders. “By reason of his adverse interests in this litigation,” the complaint states, he “has been joined as a party defendant.”

The contract called for the construction of the “Liberty Bell,” which was to be similar in size, shape and type to the “Viking,” a tuna clipper which Hodgson had built without plans or specifications. However, the new ship was to be somewhat longer than the “Viking,” and “complete in all respects, including the installation of propelling machinery.”

The agreement of the parties required the best shipbuilding practices followed in the construction…