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Contracts Keyed to Whaley
Carter v. Sherburne Corp.
Citation:
Vermont Supreme Court, 1974. 132 Vt. 88, 315 A.2d 870.Facts
Carter (Plaintiff) entered into four contracts with Sherburne Corporation (Defendant) regarding Sherburne Mountain- (1) the furnishing and placing of gravel on one road; (2) the drilling and blasting of rock on various residential roads; (3) road construction; and (4) the cutting and grubbing of a gondola lift line. The contracts called for weekly progress payments based on the work completed with a provision for retaining 10 percent until 10 days after final acceptance. 2 of the contracts also contained penalty provisions for late performance. Defendant repeatedly moved plaintiff from one contract to another. As a result, plaintiff failed to complete performance in the time allotted by the contracts and defendant withheld the final ten percent of the contact price.
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