Carter v. Sherburne Corp.

315 A.2d 870 (1974)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
C
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Carter v. Sherburne Corp.

Vermont Supreme Court
315 A.2d 870 (1974)

Play video

Facts

Sherburne Corporation (Sherburne) (defendant) entered into four contracts with Carter (plaintiff) for the development of property. Two of the contracts contained penalty provisions for late performance. In addition, the contracts contained a holdback provision that allowed Sherburne to retain ten percent of the contract amount for Carter’s non-compliance with the contracts. During construction, Sherburne constantly moved Carter from one contract to another. As a result, Carter failed to complete performance in the time allotted by the contracts and Sherburne withheld the final ten percent of the contact price. Carter sued for the remaining amount of money. The trial court held for Carter stating that Carter substantially complied with the terms of the contract because time was not of the essence. Additionally, any delays in Carter’s performance were a result of Sherburne’s actions. Sherburne appealed arguing that because time was of the essence, Carter failed to substantially comply with the terms of the contract and Sherburne was not required to pay Carter.

Rule of Law

Issue

Holding and Reasoning (Shangraw, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms