TOMKINS V. DUDLEY
25 N.Y. 272 (1862)
NATURE OF THE CASE: This was a dispute over a contract to build a schoolhouse. Tomkins
(P), trustees, challenged a decision, which affirmed a judgment entered in favor of Dudley
(D), builders, in P's' breach of contract action.
FACTS: Tomkins (P) entered into a contract with Chambers to build a schoolhouse for
$687.50. The performance was guaranteed by Dudley (D). The building was not completed on
time and burnt down four days after it was supposed to be finished. The building was not
entirely completed when it burnt down as some painting, and the hanging of window blinds
needed to be done as well as P had not formally accepted the key to the building. About $60
worth of work needed to be completed. The trial court gave the judgment to D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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