AIELLO CONSTRUCTION, INC. V. NATIONWIDE TRACTOR TRAILER TRAINING AND PLACEMENT CORP.
122 R.I. 861, 413 A.2d 85. (1980)
NATURE OF THE CASE: This was a dispute over a grading contract. Aiello (P), construction
company, entered into a contract with Nationwide (D), trucker, to prepare a yard area. When
D ceased payment, P stopped working and brought an action for breach of contract. P got an
award for damages and D appealed.
FACTS: Aiello (P) entered into a contract with D to perform grading work. D was to make
payments for the work in five equal installments of $6,600 with any amount not being paid to
incur a service charge of 1.5% per month. The contract further provided that P would remove
ledge on a portion of the premises, grade eight inches of bank run gravel over the entire
yard, grade two inches of crushed gravel over the entire yard and apply penetration and seal
coats of oil topped by peastone. The surface was then to be rolled. Work began in March,
1973 and D paid the first monthly installment due on April 15. D did not pay the May
installment but over the next few months D paid a total of $10,500 which included the first
installment. P continued work until May of 1973 when it stopped to allow the ground to
settle. P did not restart the work as D had indicated it could not make any further
payments. P sued for breach of contract. The trial judge found that D breached the contract
and that this relieved P from any further work. The trial judge found that the cost of the
work was $21,500 and to that he added a $3,000 profit for P and ordered D to pay that sum
less any monies already paid for a total of $14,000 and together with interest P got a
judgment for $16,800. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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