Preble v. Bottom
Supreme Court of Vermont
Abandonment of contract. Book Account. In March, 1853, the plaintiff contracted to do all the carpenter and joiner work of the defendant’s house, which he was to commence as soon as convenient that spring, and complete by the 15th of the following August, and the defendant agreed to pay therefor the sum of $300.00; $100.00 of which was to he paid by the 1st of July, and the remainder not until after the completion of the work.
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Abandonment of contract. Book Account. In March, 1853, the plaintiff contracted to do all the carpenter and joiner work of the defendant’s house, which he was to commence as soon as convenient that spring, and complete by the 15th of the following August, and the defendant agreed to pay therefor the sum of $300.00; $100.00 of which was to he paid by the 1st of July, and the remainder not until after the completion of the work. The plaintiff worked until the 14th of July, at which time he had performed one-fourth of the work contemplated by tbe contract. Tbe defendant did not pay tbe $100.00…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The plaintiff abandoned the job before it was completed, and the first question is, had he good cause for so doing P The defendant was to pay one hundred dollars by the 1st day of July, 1858, and the remainder when the work was done. No payment was made on the 1st of July, by the defendant, and the plaintiff made a demand of the sum then due on the 11th, and on the 14th of July before he left the job, and the defendant still neglected to pay. The breach of the contract on the part of the defendant was a good reason why the plaintiff might,…
2Cited by9 opinions
- Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Chamberlin v. ScottSupreme Court of Vermont · 1860
- Cochran v. HamblenCourt of Appeals of Texas · 1919
- Gabriel v. Akinsville Pressed Brick Co.Missouri Court of Appeals · 1894
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