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Kelley v. Hance

Supreme Court of Errors of Connecticut

142 A. 683 (1928)

Relevant factsFree

The plaintiff agreed to excavate land and construct a sidewalk and curb in front of the defendant's property, starting within a week and finishing before cold weather; instead, he didn't begin until December, only removed a strip of the defendant's land, and never built any part of the sidewalk or curb. The defendant canceled the contract months later, and the plaintiff sued to recover the reasonable value of his partial excavation work; the trial court awarded him $133.68, and the defendant appealed.

IssueFree

Whether a contractor who abandons a contract without justification can recover for the value of work performed prior to breach without acceptance of the work by the injured party.

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