Legal Opinion

McClay v. Hedge

Supreme Court of Iowa

Decided December 20, 1864PublishedCited by 21 opinions

Appeal from Pollc District Court. . Action on contract:— The cause' was referred to P. C.,D. McKay, Esq., as- a referee, wbo reported that the plaintiff agreed to build for the defendant a barn, shed and corn-crib, under a special contract, for one hundred and five dollars, and to have it completed by a specified time.

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Appeal from Pollc District Court. . Action on contract:— The cause' was referred to P. C.,D. McKay, Esq., as- a referee, wbo reported that the plaintiff agreed to build for the defendant a barn, shed and corn-crib, under a special contract, for one hundred and five dollars, and to have it completed by a specified time. That the plaintiff “failed to complete the barn by the contract time, and also, failed to do all of said job in a good and workmanlike manner,” and he specifies certain particulars in which the failure consisted; after which the referee further finds, “ that it is worth and…

1Opinion of the CourtDillon, J.

1. Contract: breach: quantum meruit. I. This cause does not involve much in amount, but yet presents a legal question of the highest importance, and one in relation to which the best jurists and the ablest legal thinkers almost radically differ. It is found by the referee that the plaintiff has not performed in full his contract. It is not found that the defendant waived, prevented or dispensed with its performance. Not having performed the special contract, he cannot recover (so all of the authorities agree) on the contract. Eyser v. Weissgerber, 2 Iowa, 463, 483, and cases cited; Corwin v.…

2Cases cited2 opinions

  1. Pixler v. NicholsSupreme Court of Iowa · 1859
  2. Eyser v. WeissgerberSupreme Court of Iowa · 1856

3Cited by21 opinions

  1. Whitesell v. HillSupreme Court of Iowa · 1897
  2. Ex parte ShenCalifornia Supreme Court · 1893
  3. McCurry v. . PurgasonSupreme Court of North Carolina · 1915
  4. Duncan v. BakerSupreme Court of Arkansas · 1878
  5. City of Detroit v. Michigan Paving Co.Michigan Supreme Court · 1877

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