Clark v. Marsiglia
Supreme Court of New York
43 Am.Dec. 670 (1845)
Relevant factsFree
Marsiglia (plaintiff) agreed to clean and repair paintings for Clark (defendant). After work began, Clark told Marsiglia he no longer wanted the job done, but Marsiglia finished the work anyway and sued for the full contract price. The trial court instructed the jury that because Marsiglia had started before Clark's revocation, he was entitled to complete the job and recover in full, and the jury found for Marsiglia on those instructions.
IssueFree
Whether, once a contract is breached, the non-breaching party is entitled to recover for work performed after the breach.