Louise Caroline Nursing Home, Inc. v. Dix Construction Co.

362 Mass. 306, 285 N.E.2d 904 (1972)

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Nature of the Case

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Facts

Dix (D) did not finish a construction contract on time, and the Nursing Home (P) sued. The case was referred to an auditor, and the auditor made the following findings of fact; 1) that P had not breached, 2) that D did breach the contract, and 3) P suffered no compensable damages from that breach because the cost to complete the nursing home was within the contract price and less than what had been paid to D. P appealed.