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Stark v. Parker

Supreme Judicial Court of Massachusetts

19 Mass. (2 Pick.) 267 (1824)

Relevant factsFree

The plaintiff agreed to work on the defendant's farm for one year in exchange for $120, and though the defendant made occasional partial payments during the year, the plaintiff stopped working before the year's end, breaching the contract; the plaintiff sued to recover a prorated amount for his partial performance, and the court of common pleas ruled in his favor.

IssueFree

Whether a party who partially performs and then breaches a one-year personal services contract for a fixed fee may recover a portion of the fee for that partial performance.

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