Blood v. Wilson

• Decision Date: 11 January 1886
• Citation: 141 Mass. 25,6 N.E. 362
• Parties: BLOOD v. WILSON.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

141 Mass. 25

6 N.E. 362

BLOOD v. WILSON.

Supreme Judicial Court of Massachusetts, Suffolk.

January 11, 1886

COUNSEL

Powers & Powers, for defendant.

Blackmar & Sheldon, for plaintiff.

OPINION

MORTON, C.J.

It is well settled in this commonwealth that when a special contract has not been fully performed, but the plaintiff has in good faith done what he believed to be a compliance with the contract, and has thus rendered a benefit to the defendant, he can recover the value of his services, not exceeding the contract price, after deducting the damages which the defendant has sustained by the breach of the stipulation of the contract. Hayward v. Leonard, 7 Pick. 181; Reed v. Scituate, 7 Allen, 141; Atkins v. Barnstable, 97 Mass. 428; Denham v. Bryant, 139 Mass. 110. The instructions at the trial, to which the defendant excepted, were in compliance with this rule, and were correct. Exceptions overruled.

NOTE.

In a quantum meruit action, under a special contract for labor done and materials furnished, the plaintiff is entitled to recover the reasonable value of the same, not to exceed the contract price. Todd v. Huntington, (Or.) 4 Pac.Rep. 295.

Where the entirety of a contract has been severed by part performance beneficial to the employer, the employe is entitled to recover the value of his labor at the contract price, less the damages sustained by the breach of the contract. McMillan v. Malloy, (Neb.) 4 N.W.Rep. 1004.

Where a contract provided for the running of certain logs at a certain sum per thousand, and also furnishing water for certain other purposes, it was held to be an entire contract, and that on breach occasioned by accident a recovery could not be had on a quantum meruit action for the labor performed, and water furnished. Keystone Lumber & Salt Manuf'g Co. v. Dole, (Mich.) 5 N.W.Rep. 412.

In a quantum meruit action under a special contract for labor performed and material furnished, the stipulations of the contract must govern as to the value of such labor performed and material furnished. City of Chicago v. Sexton, (Ill.) 2 N.E.Rep. 263.