From our private database of 14,100+ case briefs...
New Era Homes Corp. v. Forster
Court of Appeals of New York
86 N.E.2d 757 (1949)
New Era Homes Corp. (New Era) (plaintiff), a construction firm, entered into a written agreement with Forster (defendant) to make extensive alterations to Forster’s home. The contract required Forster to pay a total of $3,075, payable through several scheduled payments. According to the contract, $150 was due upon signing the contract, $1,000 was due upon the delivery of materials and starting of work by New Era, $1,500 was due upon completion of rough carpentry and rough plumbing, and $425 was due upon the job being fully completed. New Era began and partially completed the work. Forster made the first two scheduled payments totaling $1,150. New Era then completed the rough carpentry and rough plumbing, and demanded an additional payment of $1,500. Forster refused to make this payment. New Era brought suit in New York state court against Forster, seeking $1,500. At trial, Forster conceded his breach, but argued New Era was not entitled to the $1,500, but rather only to such amount as it could establish by way of actual loss sustained from Forster’s breach. The trial court awarded New Era the full $1,500, and the appellate court affirmed. Forster appealed.
Rule of Law
Holding and Reasoning (Desmond, J.)
Dissent (Lewis, J.)
What to do next…
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.
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 217,000 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.