STEWART V. NEWBURY
220 N.Y. 379 (1917)
NATURE OF THE CASE: Newbury (D) sought review of the judgment affirming a judgment in
favor of Stewart (P) in an action by P alleging damages for breach of contract.
FACTS: Stewart (P) contracted to do excavating for Newbury (D). Nothing was said in
writing about the time or manner of payment. P claimed that D orally promised to pay in the
'usual manner'; 85% of payment for work completed each 30 days or at the end of the month,
with 15% being retained until completion of the work. D denied making this payment promise.
Work began in July and ended in September when D refused to pay the first bill, P stopped
work. Letters and phone calls did not resolve the problems. P claims that D refused to
permit him to perform the rest of his contract, insisting that the work already done was not
in accordance with the specifications. D claimed that P voluntarily abandoned the work after
their refusal to pay his bill. P sued for the amounts due. The trial judge instructed the
jury that if no agreement for payment had been made, P could expect payment at reasonable
intervals, and that if it was not understood that payments were due monthly and if payments
were not made, P could abandon work. Judgment was given to P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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