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Carter v. Sherburne Corp.
Citation:132 Vt. 88, 315 A.2d 870 (1974).
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Plaintiff entered into four written contracts with the defendant. Each contract was for a separate project: (1) graveling a road; (2) drilling and blasting rock for residential roads; (3) road construction; and (4) the cutting and grubbing of a gondola lift line. Weekly progress payments were to be made to the plaintiff based on work completed. During the course of work, defendant constantly shifted plaintiff’s activities between the contracts causing delays. Defendant eventually stopped making progress payments to the plaintiff and, due to financial reasons, plaintiff stopped work.
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