Grenier v. Compratt Constr. Co.

"This case concerns the effect of a provision in a construction contract that conditions payment upon a municipal official's certificate of performance. The plaintiffs, Frank Grenier, John Grenier and Eugene Grenier, brought an action against the defendant, Compratt Construction Company, to recover $ 25,500 which the defendant had agreed to pay for blasting work performed in the construction of certain roads. The defendants responded with an answer and a counterclaim seeking to enforce a liquidated damages clause in the contract. After a trial to the court, judgment was rendered for the plaintiffs in the amount of $ 23,000 together with interest and costs. The defendant has appealed."

"[E]nforcement of a condition depends upon a finding of the intent of the parties as evidenced by their agreement . . . and that an agreement for personal services is normally subject to the condition that the person who is to render the services must be able to perform at the appointed time."

Contract Duties | Conditions of Satisfaction