I. G. L. Racquet Club v. Midstates Builders, Inc.

HARRIS, Justice.

By a series of pretrial and trial rulings a litigant was prevented from presenting a claim in a dispute which arose from a contract to build a recreational facility. The owner (plaintiff) sought damages by reason of a delay in completion of construction.

Plaintiff 1 asserted the contract was “partly written and partly oral.” The writing made no mention of completion date. Plaintiff sought to show that, under the oral part of the agreement, it was understood construction would be completed about October 15,1979. The contractor (defendant) completed its portion of the building on…