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Aiello Const., Inc. v. Nationwide Tractor Trailer Training and Placement Corp.

Supreme Court of Rhode Island
413 A.2d 85 (1980)


Facts

In 1973, Nationwide Tractor Trailer Training and Placement Corp. (Nationwide) (defendant) contracted to have Aiello Construction, Inc. (Aiello) (plaintiff) level a gravel yard for use in Nationwide’s business. The contract provided that Nationwide would pay Aiello a sum of $33,000 in five monthly installments of $6,600 each. Nationwide paid the first installment but did not pay any additional installments. However, Nationwide made a series of partial payments that, when combined with the first installment, totaled $10,500. Aiello brought suit to recover damages from Nationwide. The trial judge awarded damages to Aiello based on reimbursement for expenditures already made, minus Nationwide’s previous payments. Additionally, the trial judge awarded Aiello the profits it would have realized for full performance plus interest. The total sum of damages awarded to Aiello was $16,800. Nationwide appealed.

Rule of Law

Issue

Holding and Reasoning (Weisberger, J.)

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