KELLEY V. HANCE 142 A. 683 (1928) CASE BRIEF

KELLEY V. HANCE

142 A. 683 (1928)

NATURE OF THE CASE: Defendant (D), property owner, appealed a decision which entered judgment in favor of Plaintiff (P) in P's complaint to recover the value of benefits conferred to D for part performance of a contract to excavate.

FACTS: In September, P and D entered into a contract where P agreed to construct a concrete sidewalk and curb in front of D's property for the agreed price of $420, being at the rate of $3 per running foot. P was to start work within a week and complete it before cold weather. P began work on December 4th by removing a strip of land to a width of twelve feet and a depth of eight feet. P left and has done nothing toward the completion of his contract. On March 2nd of the next year, D cancelled the contract. P sued for the reasonable value of the work done, which was $158.60. Judgment was rendered in favor of P for $133.68, wherein D was awarded nominal damages of $25 upon his counterclaim for the value of the earth removed by P. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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