New Era Homes Corp. v. Forster

86 N.E.2d 757 (1949)


D entered into a home improvement contract with New Era Homes (P). The payment for the work was to be paid in installments detailed by the contract. When the time for payment of the third installment was due, D refused to make that payment and P sued D for the $1,500 due on that payment and the $425 due on contract completion. P then stipulated to reduction in its claims to just the $1,500 based on the fact that it had finished the work and that was what was due under the third installment. D disputed that and said that the correct measure of damages due was the value of the work done less payments made plus lost profits. The jury gave the verdict to P and D appealed.