Carrig v. Gilbert-Varker Corp.

James Carrig (plaintiff) hired Gilbert-Varker Corporation (Gilbert-Varker) (defendant) to build 35 houses under a contract that apportioned a specific price to each individual house, funded through separate mortgages taken out lot by lot, with Gilbert-Varker paid in installments as each particular house reached specified construction stages and receiving final payment upon each house's completion. Gilbert-Varker completed 20 houses but refused to build the remaining 15; Carrig sued for the breach and won $9,935 for the refusal to build the last 15 houses, while Gilbert-Varker cross-claimed for $2,816.35 still owed on the 20 completed houses, which an auditor found was owed but ruled Gilbert-Varker couldn't recover due to its overall breach.