Faxon v. Mansfield

If a tradesman, having contracted to perform a certain undertaking, voluntarily leaves it unfinished, he can have no action against his employer for the part performed.

Amos Holbrook, upon his examination, disclosed the following facts, viz.: On the 21st day of May, A. D. 1803, he made a contract in writing with Mansfield, the principal defendant, by which the latter undertook to erect and finish a barn for Holbrook by the 1st of August then next, at which time he was to receive of H. 400 dollars, in full compensation. At the time of the service of the writ in this case he had performed a part of the undertaking, and had received sundry sums of money towards his compensation. Afterwards he left the work unfinished without the consent, and contrary to the wishes, of H, who was obliged to procure other workmen at his own expense, and with considerable trouble, to compíete the same. That these expenses and trouble, together with the damage sustained by injury to his hay, amounted to more, in the opinion of if., than the balance which would have been due to ill. had he fulfilled his undertaking; but the money actually paid to M., on account of the contract, did not amount to the proportion of the labor performed by M. before he quitted his undertaking. The question for the decision of the Court was whether, on these facts, Holbrook was the trustee of Mansfield.