Caldwell v. Myers
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action for work and labor performed. Defendant sets up a special contract and its non-performance. Plaintiff replies thafi defendant prevented performance. Judgment for plaintiff. Defendant appeals. Where work and labor is performed under a special contract fixing the price, quantum meruit cannot be sustained.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action for work and labor performed. Defendant sets up a special contract and its non-performance. Plaintiff replies thafi defendant prevented performance. Judgment for plaintiff. Defendant appeals. Where work and labor is performed under a special contract fixing the price, quantum meruit cannot be sustained. Chitty Con. 539-636: Weston v. Dannes, Douglas 23; Toussant v. Martinwant, 2 Term. 104; Cutler v. Yowell, 6 Term. 324; Hull v. Highman, 2 East, 145; Young v. Paxton, 4 Crauch, 239; Raymond v. Baunard, 12 Johns. 274;…
1Opinion of the CourtBennett, J.
The parties entered into a contract on the 25th day of September, 1886, whereby plaintiff; agreed to do all the painting, according to certain plans and specifications, in, upon and about two brick buildings belonging to defendant, situated in the city of Huron. For doing this work the defendant was to pay the plaintiff the sum of $150 upon the completion of the work. In accordance with said contract, plaintiff commenced to perform his part of it, but, after he had performed services and furnished material under said contract of some considerable value, defendant, by his own act, prevented…
2Cases cited5 opinions
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Kerstetter v. RaymondIndiana Supreme Court · 1858
- Friermuth v. FriermuthCalifornia Supreme Court · 1873
- Wolf, Carpenter & Angel v. GerrSupreme Court of Iowa · 1876
3Cited by5 opinions
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- Scott v. Rapid Valley Race Track, Inc.South Dakota Supreme Court · 1954
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