Logourl black
From our private database of 14,100+ case briefs...

New England Structures, Inc. v. Loranger

Massachusetts Supreme Judicial Court
234 N.E.2d 888 (1968)


Facts

Theodore Loranger & Sons (Loranger) (plaintiff) subcontracted with New England Structures, Inc. (New England) to construct a roof deck on a school being built by Loranger, the project’s general contractor. In the parties’ written agreement, Loranger included several grounds on which it could terminate New England’s contract, including failure to hire enough skilled workers to complete the project without delay. New England received a telegram from Loranger on December 18, 1961 stating Loranger’s intention to terminate the contract as of December 26, 1961 because New England failed to hire adequate skilled workers resulting in delay. New England responded that Loranger’s conduct had caused the delay. Loranger hired another subcontractor to complete the roof deck and sued New England for the difference in the contract price. New England countersued for breach, claiming that Loranger breached by improperly terminating New England’s right to proceed with the contract. The trial court, which heard evidence regarding the poor quality of New England’s work, instructed the jury to consider the propriety of Loranger’s termination of the contract only on the ground stated in Loranger’s telegram, whether adequate skilled workers were hired. The jury found for New England in both actions and Loranger appealed the jury instruction.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Cutter, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.