Kirkland v. Archbold

113 N.E.2d 496 (1953)

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Nature of the Case

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Facts

Kirkland (P) contracted to make repairs to Archbold's (D) home for a total price of $6,000, to be paid at specified intervals. D would pay P $1,000 after ten days of satisfactory work, $1,000 after twenty days, $1,000 after thirty, and $1,000 upon completion of the job. Another $2,000 was to be paid 30 days after completion. After two months on the job, D discovered that P was plastering the house improperly and told P to stop working. At that time, P had spent $2,985 and had been paid $800. P sued for the difference in a breach of contract action. The trial court found that P was in breach for ignoring contract specifications on the work that was completed. The court held that P was justly fired. Because D has already paid $800, the court reasoned that D had held the first ten days as satisfactory and thus awarded P a judgment for $200. P appealed.