164 A.2d 451 (1960)
Subcontractor appellees damaged a wall in the course of their performance of a subcontract, and appellant contractor withheld partial payment as damages. The lower court awarded damages to appellees
- The reviewing court reversed, holding that the failure of appellee's performance to constitute substantial performance could justify the appellant in refusing to make a progress payment.
- If the refusal to pay an installment was justified on the appellant's part, the appellee was not justified in abandoning work by reason of that refusal.
- His abandonment of the work would render him liable to the appellant for his increased cost since the further breach would itself be a wrongful repudiation that went to the essence, even if the defects in performance did not.
Judgment reversed and entered in favor of appellant because appellee's abandonment of the work was a breach that would render him liable to appellant for damages even if the original defects in performance did not.
Suggested law school course materials, hornbooks, and guides for Contract Law
Shop Amazon for the best prices on Law School Course Materials.