Jones & Hotchkiss Co. v. Davenport
Supreme Court of Connecticut
Action to recover the contract price for work done and materials furnished, and also for extras, brought to the Superior Court in Fairfield County and tried to the court, SJmmway, J.; facts found and judgment rendered for the plaintiff for -11,156, and appeal by the defendant for alleged errors in the rulings of the court. The first count in the complaint was on a written contract, and alleged due performance.
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Action to recover the contract price for work done and materials furnished, and also for extras, brought to the Superior Court in Fairfield County and tried to the court, SJmmway, J.; facts found and judgment rendered for the plaintiff for -11,156, and appeal by the defendant for alleged errors in the rulings of the court. The first count in the complaint was on a written contract, and alleged due performance. The contract was one for plumbing the defendant’s house in the country, so as to supply it with a tank in the attic, bathtub and water-closet, sink in butler’s pantry, wash trays,…
1Opinion of the CourtBaldwin, J.
The plaintiff alleged due performance of a written contract. The trial court has found that it was substantially though not fully performed. If so, the plaintiff, not being found to have been in wilful default, had a cause of action for the reasonable value of the work and materials so furnished, estimated with reference to the contract price, and to the resulting benefit to the defendant, provided she appropriated that benefit under circumstances sufficient to raise an implied promise to pay for it. Pinches v. Swedish Evangelical Lutheran Church, 55 Conn. 183; Jones v. Marlborough, 70 id.…
2Cases cited2 opinions
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
- West v. SudaSupreme Court of Connecticut · 1897
3Cited by13 opinions
- Santoro v. MackSupreme Court of Connecticut · 1929
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- M. J. Daly & Sons, Inc. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- Kearns v. AndreeSupreme Court of Connecticut · 1928
- Foeller v. HeintzWisconsin Supreme Court · 1908
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