Ohio Court of Appeals, Cuyahoga County
113 N.E.2d 496 (1953)
Kirkland (plaintiff) entered into a contract with Archbold (defendant) to make repairs to Archbold’s home. Under the agreement, Archbold agreed to pay $1,000 after completion of 10 days’ work, another $1,000 after 20 days’ work, another $1,000 after 30 days’ work, $1,000 upon completion and $2,000 30 days after completion, for a total payment of $6,000. After two month’s work was completed, Kirkland had only been paid $800. At that point, Kirkland had rendered services reasonably valued at $2,895 but was prevented from proceeding by Archbold because Kirkland failed to strictly comply with the contract specifications for the materials to be used on the exterior walls. Kirkland brought an action against Archbold to collect the difference between the $800 payment and the value of the services rendered. The trial court found the $800 payment to be a concession by Archbold that the first payment under the contract had been earned and awarded Kirkland $200. The court denied recovery of the remaining payments. Treating the contract as severable, the court found that Kirkland subsequently breached the contract by using incorrect materials on the exterior walls. Thus, Archbold was entitled to stop Kirkland from continuing the work and was not required to make further payments to Kirkland due to the breach. Kirkland appealed.
Rule of Law
Holding and Reasoning (Skeel, J.)
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