HOMER V. SHAW 98 N.E. 697 (1912) CASE BRIEF

HOMER V. SHAW

98 N.E. 697 (1912)

NATURE OF THE CASE: This was a dispute over payment for services rendered. Homer (P), assignor, filed exceptions to the court's findings in a contract dispute, which held that Shaw's (D), assignee's, liability upon acceptance of an assignment depended upon P's performance of his contract to transport, erect and paint the steel work required for a section of a subway which D was building in accordance with the plans and specifications of the transit commissioners.

FACTS: Shaw (D) was the general contractor. Lancaster was a sub working for him. Homer (P) loaned Lancaster money for half of the profits that Lancaster would earn by his work with D. P obtained a written security agreement and notice was sent to D and accepted by him in writing. Lancaster's trouble continued to the point where he had to give up work entirely. D convinced him to stay on the job by rescinding the old contract and making new arrangements. P wanted payment and had to sue. The case was referred to an auditor who found that the old agreement had been rescinded and a new one put in its place and that the rights of P did not extend to the new agreement. Judgment was entered for D. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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