Allen v. Moore

(After stating the foregoing facts.) The trial judge was authorized to find from the evidence, as a matter of fact, that the defendant breached the contract. The plaintiff testified that the defendant came upon the job where the work was progressing and informed the plaintiff that even if he completed the job he would not be paid for it as he had canceled the loan upon which the plaintiff knew he was depending for the proceeds with which to pay him. Another witness testified that the defendant informed him he had canceled the loan and was not going to complete the building. This evidence is…