Logourl black
From our private database of 14,000+ case briefs...

Southern Painting Company of Tennessee v. United States ex rel. Silver

United States Court of Appeals for the Tenth Circuit
222 F.2d 431 (1955)


Facts

Southern Painting Company of Tennessee, Inc. (Southern) (defendant) hired E. M. Silver (plaintiff) as a subcontractor. Under the subcontract, Silver was to furnish all labor and materials necessary for two construction projects, and Southern was to pay Silver a lump sum of $10,000 and a percentage of the net profit on certain additional work. Silver completed more than 90 percent of the work required under the subcontract. Silver argued that Southern breached the contract by refusing to allow Silver to complete the remaining work. Southern argued that Silver breached the contract by failing to complete the work. At the time the work stopped, Southern had paid Silver $7,000. Silver sued Southern and the United Pacific Insurance Company (defendant) for breach of contract, seeking a judgment of $72,000 for the reasonable value of work that Silver had performed under a theory of quantum meruit. An experienced plumbing contractor testified to the value of the services that Silver had provided to Southern. The United States District Court for the District of Kansas found that Southern had breached the contract and entered judgment in favor of Silver for $13,000, representing the value of Silver’s services provided, plus interest. Southern appealed.

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 (Huxman, 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 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.