Maville v. Donaghue

Plaintiff agreed to paint and repair defendant’s house for $300. When the job was half done defendant pointed out certain defects, and told the plaintiff in vigorous language to make them good or quit. Plaintiff quit immediately, and brought this action for breach of contract.

Though a good painter, plaintiff failed to fulfill his implied obligation to do this work in a good and workmanlike manner. The contract was entire; and having broken it, he cannot now recover in an action based upon it. The rule is that recovery on an entire contract requires full performance or a valid excuse. Nor .can…