Brief Fact Summary. Jacobs & Youngs (Plaintiff) sued to recover from Kent (Defendant) the unpaid balance for a construction contract. Defendant appeals from a verdict reversing the decision of the lower court excluding the evidence presented by the Plaintiff.
Synopsis of Rule of Law. A term is considered a promise creating a duty on the obligee rather than a condition of the obligor’s duty that the obligee fulfill the terms of the contract.
Issue. Whether the requirement for Reading pipe was an express condition and if non-occurrence of the condition excuses performance of the obligor?
Held. No. Judgment affirmed.
Plaintiff’s action can be classified as deliberate. A line cannot be drawn between what is important and what is trivial. Here, it appears after looking at Plaintiff’s evidence, the pipes were of similar quality illustrates that the discrepancy was trivial.
The Plaintiff had a duty to install the Reading under the contract and thus the Defendant should be entitled to recover damages. However, the installation of the pipe was not a condition to the contract, rather it was a promise. If it were considered a condition it would be unjust to the Plaintiff since he would lose far more money than the Defendant would suffer in damages. The Plaintiff would not be allowed to recover the remaining money due under the contract. While on the other hand, the Defendant would not lose nearly as much since evidence presented by the Plaintiff, which was withheld at the trial court, demonstrated that the pipes installed were of comparable quality. The damages suffered by the Defendant would be the difference in value of the pipes, which, according to the Plaintiff’s evidence of comparability, was nominal or nothing. Therefore, the court found the provision regarding the Reading pipes to be a promise rather than a condition.
Parties may indeed stipulate in a contract to effectuate a purpose that performance of every term shall be a condition of recovery.View Full Point of Law