Britton v. Turner case brief summary
6 N.H. 481 (1834)
Defendant appealed a jury award in favor
of plaintiff for compensation under a contract for labor for one
year, where plaintiff labored only a portion of that time and had
voluntarily failed to complete the entire contract.
CASE FACTS Defendant appealed a jury award in favor
of plaintiff, a laborer, for claims of compensation from defendant
under a labor contract for one year. Plaintiff had labored only a
portion of the time contracted for and had voluntarily failed to
complete the entire contract.
The court affirmed the jury verdict,
holding that in this case, defendant actually received the labor and
thereby derived a benefit and advantage so as to be responsible for
compensating for the labor actually performed.
The labor actually
performed furnished new consideration, and the law required a promise
to pay to the extent of the reasonable worth of such labor in excess
of the damage caused by the breach of contract.
The court further
stated that if defendant actually sustained damages from plaintiff's
failure to complete his contract he would be able to recover in a
suit for breach of contract.
Jury verdict in favor of plaintiff for compensation under contract
affirmed. Court held that defendant actually received plaintiff's
labor and thereby derived a benefit and advantage so as to be
responsible for compensating for the labor actually performed. Recommended Supplements and Study Aids for Property Law
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