Aiello Construction, Inc. v. Nationwide Tractor Trailer Training And Placement Corp

122 R.I. 861, 413 A.2d 85. (1980)

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Nature of the Case

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Facts

Aiello (P) entered into a contract with D to perform grading work. D was to make payments for the work in five equal installments of $6,600 with any amount not being paid to incur a service charge of 1.5% per month. The contract further provided that P would remove ledge on a portion of the premises, grade eight inches of bank run gravel over the entire yard, grade two inches of crushed gravel over the entire yard and apply penetration and seal coats of oil topped by peastone. The surface was then to be rolled. Work began in March 1973 and D paid the first monthly installment due on April 15. D did not pay the May installment, but over the next few months, D paid a total of $10,500 which included the first installment. P continued work until May of 1973 when it stopped to allow the ground to settle. P did not restart the work as D had indicated it could not make any further payments. P sued for breach of contract. The trial judge found that D breached the contract and that this relieved P from any further work. The trial judge found that the cost of the work was $21,500 and to that, he added a $3,000 profit for P and ordered D to pay that sum less any monies already paid for a total of $14,000 and together with interest P got a judgment for $16,800. D appealed.