School District No. 1 v. Dauchy
Supreme Court of Connecticut
Assumpsit. The declaration contained a special count for the non-performance of a contract by the defendant to build a school-house for the plaintiffs, and the money counts. The defendant, on the 7th day of December, 1853, made a contract in writing with the plaintiffs to build the schoolhouse for the sum of $2,469, and to complete the same by the first Monday of May, 1854; a part of the price to be paid by installments as the work progressed.
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Assumpsit. The declaration contained a special count for the non-performance of a contract by the defendant to build a school-house for the plaintiffs, and the money counts. The defendant, on the 7th day of December, 1853, made a contract in writing with the plaintiffs to build the schoolhouse for the sum of $2,469, and to complete the same by the first Monday of May, 1854; a part of the price to be paid by installments as the work progressed. The defendant commenced the building of the same, and had nearly completed it, when, on the 27th day of April, 1854, it was struck by lightning, and…
1Opinion of the CourtEllsworth, J.
It is not important, whether we consider the question in this case as arising out of the objection to the defendant’s evidence, or out of the charge to the jury. The question is the same in either case, and it is this. Was *535the defendant discharged from his contract to complete and deliver the said school-house by the time agreed, the first Monday of May, 1854, by reason of the fact, that just before that day it was burnt and wholly destroyed by lightning ?
There is no dispute as to the terms of the contract, nor as to their import and force. The defendant did agree absolutely and…
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