[DOWNLOAD] "Garth M. Carter v. Sherburne Corporation" by Supreme Court of Vermont # eBook PDF Kindle ePub Free

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eBook details

• Title: Garth M. Carter v. Sherburne Corporation
• Author : Supreme Court of Vermont
• Release Date : January 05, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an appeal by the defendant from a judgment of the Rutland County Court. The subject matter of the litigation is work done and materials furnished by the plaintiff in connection with a development of the defendant's near Sherburne Mountain. The plaintiff claimed that he was not fully paid for labor and materials furnished under written contracts, and that he was entitled to further amounts on a quantum meruit basis for labor and materials furnished without express agreement as to price. The defendant claimed defective performance and payment for everything due, and asserted a counterclaim for expense necessitated by plaintiff's alleged failure to fulfill contractual commitments. The court found that the plaintiff was in substantial compliance under his contracts, that the defendant had no right to terminate the contracts, and that the defendant's counterclaim was without foundation. The court also found that the plaintiff performed other work for the defendant without compensation under a promise for additional work which was not fulfilled by the defendant. Plaintiff was awarded various sums for unpaid invoices, payment for other work done for the defendant, and interest. The defendant corporation has appealed. The facts as found by the court are, in substance, as follows:

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