LAW 600A Lecture Notes - Lecture 37: British Rail Class 37, Federal Reporter, Specific Performance
Document Summary
Allows recovery for the value of the benefit conferred. Plaintiff enters into contract with defendant to perform steelwork. Defendant refuses to pay for crane rental to perform steelwork. Plaintiff completes 28% of contract and pays for cranes. Defendant breaches contract and plaintiff ceases performance. Plaintiff then brings suit to recover cost of men & material. District court passes judgment in favor of defendant. Reversed and remanded with instructions to determine cost of men & material due to plaintiff. Plaintiff furnished labor and equipment to defendant who then breached their contract. Defe(cid:374)da(cid:374)t retai(cid:374)ed the (cid:271)e(cid:374)efit of plai(cid:374)tiff"s perfor(cid:373)a(cid:374)(cid:272)e (cid:449)ithout payi(cid:374)g for it, thus. Plaintiff is entitled to restitution in quantum meruit. Plaintiff enters into contract with defendant to perform work for the defendant for the period of 1yr. After 9 mo. , plaintiff stops working for defendant and leaves, thus breaching his contract. Plaintiff files suit to recover for the work he provided plaintiff over the 9 mo.
