Barton v. Morin

The plaintiff sues in contract for damages arising out of the failure of the defendant to perform fully *99his contract to build a house upon her land according to the terms and specifications of their written contract. The judge, who tried the case without a jury, found that in certain respects the contract had not been complied with and awarded damages to the plaintiff. There was evidence that, when the house was ready for occupation, the plaintiff moved into it, and, after ten days’ residence, paid to the defendant the full balance claimed by him to be due under the contract. She and an agent…