Tompkins v. Dudley
Court of Appeals of New York
25 N.Y. 272 (1862)
Relevant factsFree
Chambers unconditionally contracted to build a schoolhouse by October 1, 1857, but before the schoolhouse -- substantially though not entirely complete and never accepted by the school district (plaintiff) -- could be delivered, it burned down on October 5 through no fault of either party; the school district sued Chambers's guarantors (defendant) to recover payments made and resulting damages, and the lower courts ruled for the guarantors.
IssueFree
Whether a fire destroying a substantially completed building excuses the builder from his contractual duty to furnish a completed building.
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