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Martin v. Schoenberger

    Brief Fact Summary. None.


    Synopsis of Rule of Law. "To permit a man to recover for part performance of an entire contract, or to permit him to recover on his agreement where he has failed to perform, would tend to demoralize the whole country."


    Facts. None.


    Issue. Is part performance of a contract enforceable?


    Held. No.  "To permit a man to recover for part performance of an entire contract, or to permit him to recover on his agreement where he has failed to perform, would tend to demoralize the whole country.  If the law were so, a man would just perform as much of his contract as would suit his convenience or cupidity; all faith and fair dealing would be at the end, and all confidence between man and man would be destroyed."


    Discussion. This case offers a very early view of whether partial performance of a contract is considered a breach.



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