Hawa v. Moore

947 N.E.2d 421 (2011)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Hawa v. Moore

Indiana Court of Appeals
947 N.E.2d 421 (2011)

JL

Facts

Mike Hawa (plaintiff) entered into a contract with Gerald Moore (defendant) to install a rough base for a parking lot. The contract stated that the base would consist of recycled concrete. Under the contract, $5,000 was due immediately, and another $5,000 was due after half of the work was completed. The remaining balance was due after 75 percent of the work was completed. Hawa made the initial payment, and Moore had nine piles of recycled concrete delivered to Hawa’s property. Hawa noticed that there was wire mixed in with the rocks and told Moore that Hawa would not make the second payment. Moore explained that the wire would be separated using a power-rake blender and had six of the nine piles spread out on the property. Moore then asked about the second payment. Hawa stated that the second payment would be made after 80 percent of the work was completed. Later, Hawa told Moore that Hawa’s bank needed to see the power-rake blender before advancing the funds for the second payment. Moore had the machine moved to the front of the property and was available to meet with Hawa and a representative from the bank. However, no one from the bank came. After five days passed, Moore left the job site. Hawa then sued Moore in small-claims court for breach of contract. Moore filed a counterclaim for breach of contract. The small-claims court ruled in favor of Moore and awarded $4,745 in damages. Hawa appealed.

Rule of Law

Issue

Holding and Reasoning (Vaidik, 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 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  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.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 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 832,000 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
  • 46,400 briefs - keyed to 994 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