James Watt and Andrew Aitken Judges Arbiter in the cause Dalzell v Baxter and Hood, [undated, ca. 1769]
Title
James Watt and Andrew Aitken Judges Arbiter in the cause Dalzell v Baxter and Hood, [undated, ca. 1769]
Additional Information
Held at Birmingham City Archive (MI/5/18/14)
This document was kindly provided by Rhiannon Markless.
Transcript of the original document taken from Roebuck/Boorman/Markless, English Arbitration and Mediation in the Long Eighteenth Century, 2019, 210 et seq.
This document was kindly provided by Rhiannon Markless.
Transcript of the original document taken from Roebuck/Boorman/Markless, English Arbitration and Mediation in the Long Eighteenth Century, 2019, 210 et seq.
Content
Give sentence and decern as follows. Frist, it appearing by the consent of all parties that Robert Hood, smith, did furnish the whole of the iron work charged in this account of 5 February 1769, that the same was applied to the use at Dalzell & Co and the prices thereof appearing reasonable they decern Dalzell & Co to pay to Hood £ 42.11.11 being the full of his charge arithmetical errors expected. Secondly the Judges Arbiter being of opinion fully and clearly convinced that the whole wood and workmanship of the cutting engine flatting machine could be furnished with reasonable profit at £ 47.19.11 they decern Dalzell & Co to pay that to David Baxter in full for these articles.
Thirdly, there being an account for other wood and work furnished by Baxter (for various uses) of the value of which the arbiters cannot completely judge, though it appears to be overcharge, they ordain Dalzell & Co to pay Baxter £ 18.1.2 for full payment of the same account.
Fourthly, the arbiters find the laying axletree of the cutting engine to be insufficient and ordain Dalzell at his own cost to provide a piece of oak of a proper size for the axletree and another for the bridle that supports it; they also ordain Baxter at his own cost and charges to make, fashion and put in the bridle with everything thereunto belonging in a proper and workmanlike manner to be judged of by Aitken.
Fifthly they ordain Dalzell to deliver to Baxter for his own use such wheels and trundles with their iron work as have been made for giving motion the cutting engine or flatting miln[?] and are now useless for the same.
Lastly they ordain the above sums or balance of them now unpaid to be paid immediately after the lying axletree shall be declared completely and properly finished as above specified; they also ordain the parties mutually to discharge and cancel all manner of Agreements, Accounts or Claims now subsisting between them on this affair declaring the above mentioned sums to be in full.
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