LOUISE CAROLINE NURSING HOME, INC. V. DIX CONSTRUCTION CO.
362 Mass. 306, 285 N.E.2d 904 (1972)
NATURE OF THE CASE: This was a dispute over a construction contract. Louise (P), nursing
home, filed exceptions to the denial of its motion to recommit an auditor's report and to
the grant of Dix's (D), surety's motion for entry of judgment in accordance with the report.
P sought damages for breach of a contract to build a nursing home. The case was referred to
the auditor for a hearing pursuant to a stipulation of the parties that his findings of fact
would be final.
FACTS: Dix (D) did not finish a construction contract on time and the Nursing Home (P)
sued. The case was referred to an auditor and the auditor made the following findings of
fact; 1) that P had not breached, 2) that D did breach the contract, and 3) P suffered no
compensable damages from that breach because the cost to complete the nursing home was
within the contract price and less than what had been paid to D. 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.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment