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Contracts Keyed to Marshall
Groves v. John Wunder Co.
Citation:
286 N.W. 235 (1939)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Under the contract defendant got the Groves screening plant. The transfer thereof and the right to remove the sand and gravel made the consideration moving from Groves to defendant, except that defendant incidentally got rid of Groves as a competitor. On defendant’s part it paid Groves $105,000. From the outset, on Groves’ part the contract was executed except for defendant’s right to continue using the property for the stated term. Defendant breached the contract deliberately. It removed from the premises only the richest and best of the gravel and wholly failed, according to the findings, to perform and comply with the terms, conditions, and provisions of said lease with respect to the condition in which the surface of the demised premises was required to be left. Defendant surrendered the premises, not substantially at the grade required by the contract nor at any uniform grade. Instead, the ground was broken, rugged, and uneven. Plaintiff sues as assignee and successor in right of Grove.
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