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Contracts Keyed to Fuller
Carlisle v. T & R Excavating, Inc.
Citation:
704 N.E.2d 39 (1997)Facts
Thomas and Janis Carlisle married in 1988. Janis provided bookkeeping services for T & R Excavating, Thomas’s company, for which he allegedly offered to pay her, but she refused. Thomas then stated he would “do her work for her on her building” instead. In 1992, Janis decided to build a preschool facility. Thomas helped her find a location and select a general contractor. In September 1992, T & R presented a proposal to do all excavation and site work for the preschool, providing labor, equipment, overhead, and profit (valued at $40,000) at no cost, while billing only for materials (estimated at $29,800). Janis accepted this proposal. In December 1992, the couple prepared a document addressing property division in anticipation of divorce, which included a paragraph stating that Thomas agreed to do the excavation work “in repayment” for Janis’s secretarial services. In February 1993, a standardized contract was prepared but never signed by Thomas. T & R began work but abandoned the project in May/June 1993 after the couple separated in March. Janis hired others to complete the work at additional cost and sued for breach of contract.
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