Porter v. Harrington

159 N.E. 530 (1928)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1919, Porter (P) made a contract with Harrington (D) to buy two parcels of land. Payment for each parcel was $60 down and $10 per month until paid in full. One parcel was conveyed to P in 1922 and the second remained unpaid with a balance of $578.54. From January 1923 until November 1926 P made partial and erratic payments totaling $160 with taxes. The contract was very strict about payment on time and had a liquidated damages clause for defaulting. During this time, D never voiced any kind of objection to the late payments. On November 9, 1926, P offered to pay $30 more on the contract and D refused stating that it was enforcing the contract provisions. P sued D. The trial court gave the verdict to P. D appealed.