Bomberger v. McKelvey

John Bomberger and others (plaintiffs) orally agreed, confirmed by letter, to demolish and remove a building owned by D.P. McKelvey and others (defendants) for $3,500. A key term let the plaintiffs salvage scarce materials-plate glass and skylights-from the demolition for use in another building they were constructing. The defendants later canceled the project because they could not obtain materials for a planned grocery store on the cleared lot. The plaintiffs said they would proceed, completed the demolition, and salvaged the items, then sued for the $3,500 price. The defendants counterclaimed for trespass and waste. The trial court ruled for the plaintiffs, and the defendants appealed.

Whether a contracting party who must perform work to fulfill obligations not solely related to profit may continue performance after the other party's cancellation and seek recovery.