Thos. J. Dyer Co. v. Bishop International Engineering Co.
United States Court of Appeals for the Sixth Circuit
303 F.2d 655 (1962)
Bishop International Engineering Co. (Bishop) (defendant) was the general contractor on a project to construct a racetrack for The Kentucky Jockey Club, Inc. (Jockey Club). Bishop contracted the services of Thos. J. Dyer Co. (Dyer) (plaintiff) to perform plumbing work for a total price of $115,000. According to the subcontract agreement, Bishop’s payment to Dyer was not due until 35 days after the work was completed to the satisfaction of Jockey Club and five days after Jockey Club had paid Bishop for such work. Dyer completed the work requested and performed additional services in accordance with change orders. Jockey Club accepted the work in August 1959. It paid Bishop the price of Dyer’s work as set forth in the initial contract but did not pay for the additional work performed. Bishop then paid Dyer only for the work covered by Jockey Club, leaving a balance of $108,519.11. In December 1959, Jockey Club filed for bankruptcy protection. It never paid Bishop for all of the work performed. Dyer sued Bishop and Bishop’s bond provider, General Insurance Company of America (defendant). The court granted summary judgment in favor of Dyer, and the defendants appealed.
Rule of Law
Holding and Reasoning (Miller, C.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 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.