Mishara Construction Co. v. Transit-Mixed Concrete Corp.
Massachusetts Supreme Judicial Court
310 N.E.2d 363 (1974)
- Written by Sara Rhee, JD
Facts
Mishara Construction Company, Inc. (Mishara) (plaintiff) was the general contractor for the construction of a housing project. In September 1966, Mishara entered a contract with Transit-Mixed Concrete Corp. (Transit) (defendant), under which Transit agreed to supply Mishara with all its concrete for the project. Transit was to make delivery upon request by Mishara. The parties performed under the contract until April 1967, when a labor dispute resulted in the formation of a picket line at the site of the project. The picket line remained until the project was completed in 1969. Throughout the period of the labor dispute, Mishara placed several orders of concrete. Transit made no deliveries during this time. Mishara ultimately purchased concrete from another supplier and sued Transit for damages. The trial court ruled in favor of Transit. Mishara appealed, taking exception to the inclusion of evidence regarding the delivery difficulties caused by the picket lines, and the trial judge’s failure to instruct the jury that Transit was required to deliver concrete regardless of the picket lines or labor difficulties.
Rule of Law
Issue
Holding and Reasoning (Reardon, J.)
What to do next…
Here's why 804,000 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.
