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Contracts Keyed to Dawson
Muldoon v. Lynch
Citation:
66 Cal. 536, 6 P. 417.Facts
Defendant contracted with plaintiffs to complete certain improvements on the cemetery lot of her late husband. The improvements included a monument procured from Italy. The total cost was $18,788 paid in four installments of $1,725 with balance of $11,887 due once the monument was installed. The contract included a clause stating that work would be completed within 12 months from the date of execution “under forfeiture of ten dollars per day for each and every day beyond the stated time of completion.” Unfortunately, the monument was extremely heavy and sat at a port in Italy for 2 years before it could be transported to San Francisco via ship. Upon reaching San Francisco the monument was immediately installed. Defendant refused to pay the remaining balance on the contract in full due to the delay.
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