CHASE PRECAST CORP. V. JOHN J. PAONESSA CO. INC. 409 Mass. 371, 566 N.E.2d 603 (1991). CASE BRIEF

CHASE PRECAST CORP. V. JOHN J. PAONESSA CO. INC.

409 Mass. 371, 566 N.E.2d 603 (1991).

NATURE OF THE CASE: Chase (P) sought review from a decision which affirmed a trial court verdict of no cause of action in favor of Paonessa (D).

FACTS: Massachusetts entered into two contracts with Paonessa (D) to replace a median strip. D contracted with Chase (P) to supply the concrete median barriers under two contracts. P produced one-half of the barriers, and then 100 residents brought a halt to the project because they objected to the removal of the grass median strips and their replacement with concrete median barriers. P became aware of the protests on June 1st. Citizens filed an action in Superior Court on June 6th. On June 7, 1983, D notified P by letter to stop producing the barriers. P stopped production on June 8th. An out of court settlement was reached and no additional concrete median barriers were to be installed. D paid P for all the barriers it had produced at the contract price and P in fact suffered no out of pocket losses. P then sued D for its anticipated profit on the barriers called for in the contract but not produced. D obtained a judgment based on impossibility of performance. The appeals court affirmed but noted that the doctrine of frustration of purpose was a more accurate theory of recovery. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner