Friday, December 27, 2013

Gill v. Johnstown Lumber Co. case brief

Gill v. Johnstown Lumber Co. case brief summary
25 A. 120 (1892)

CASE SYNOPSIS
Plaintiff appealed ruling of the lower court entering a directed verdict in favor of defendant in an action to recover payment for completed log deliveries pursuant to a contract for log and tie deliveries.

CASE FACTS
Plaintiff entered into a contract with defendant to drive logs to a variety of locations. Plaintiff successfully delivered only some of the lumber he agreed to drive because a flood carried away some of the lumber. Plaintiff sought payment for the lumber that was successfully delivered. Judgment was entered in favor of defendant by lower court because it determined that the contract for the deliveries was a single contract which plaintiff breached by failing to deliver all of the lumber. Plaintiff appealed.

DISCUSSION

  • The supreme court determined that the contract was severable because the work undertaken by plaintiff consisted of several deliveries of several types of logs to a variety of locations, and payment for the work was apportioned amongst the deliveries at different rates of pay, so plaintiff was due payment for the logs he successfully delivered. 
  • Thus, the court reversed and ordered a new trial.
CONCLUSION
Judgment reversed because contract between plaintiff and defendant was severable because plaintiff was contractually obligated to complete several log deliveries to a variety of locations and payment for the work was apportioned among the deliveries, thus plaintiff was entitled for compensation for the deliveries he successfully completed.


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