Friday, December 27, 2013

Walker & Co. v. Harrison case brief

Walker & Co. v. Harrison case brief summary
81 N.W.2d 352 (1957)

CASE SYNOPSIS
Defendant appealed from a judgment for plaintiff in a breach of contract action regarding the lease of an advertising sign that defendant obtained through a contract with plaintiff.

CASE FACTS
Plaintiff brought an action against defendant for breach of a written contract between the parties for the lease of a sign advertising defendant's business. Defendant stopped making payments to plaintiff after attempting to get plaintiff to maintain the sign as specified in a contract between the parties.

DISCUSSION

  • The court here found no valid ground for defendant's repudiation and failure to make further payments to plaintiff. 
  • Defendant's failure thereafter to comply with the terms of the contract was itself a material breach, entitling plaintiff to judgment. 
  • The court determined that there was no error in the judgment rendered against defendant for the cash price of the sign, for such services and maintenance as were extended and accepted, and interest upon the amount in default.

CONCLUSION
The court affirmed the judgment for plaintiff in a breach of contract action regarding the lease of an advertising sign, finding no error.

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