Legal Opinion
Kauranen v. Mattaliano
Massachusetts Supreme Judicial Court
Decided June 4, 1964PublishedCited by 8 opinions
1Opinion of the CourtWhittemore, J.
In this action in quantum meruit brought by a builder for the fair value of the work done on two houses not completed under a building contract, the defendant excepted to the failure of the trial judge to direct a verdict and to enter a verdict for the defendant under leave reserved. The verdict for the plaintiff was in the amount of $4,521.
The issue argued is whether there was intentional and unexcused failure of the plaintiff to perform in significant respects so that recovery in quantum meruit is barred. The evidence plainly warranted a finding of substantial performance of the contract.
The…
2Cases cited6 opinions
- Ficara v. BelleauMassachusetts Supreme Judicial Court · 1954
- Andre v. MaguireMassachusetts Supreme Judicial Court · 1940
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Lantz v. ChandlerMassachusetts Supreme Judicial Court · 1960
- Brown v. Metropolitan Transit AuthorityMassachusetts Supreme Judicial Court · 1963
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- ALBRE MARBLE & TILE CO. INC. v. GovermanMassachusetts Supreme Judicial Court · 1968
- HAYECK BUILDING & REALTY CO. INC. v. TurcotteMassachusetts Supreme Judicial Court · 1972
- Karas v. LeVayMassachusetts District Court, Appellate Division · 1967
- S. Onorato Corp. v. LevinMassachusetts Supreme Judicial Court · 1965
- Lamb v. SantosMassachusetts District Court, Appellate Division · 1966
3 more not listed; retrieve them via the Exa API.