Greene v. Rainbow Properties, Ltd., 145 Vt. 576 (1985)

Citation: Greene v. Rainbow Properties, Ltd., 145 Vt. 576 (1985)
Parent Document: Greene v. Rainbow Properties, Ltd., 145 Vt. 576 (1985)
Jurisdiction: Vermont (state)
Effective Date: 1985-05-03
Original Source: https://www.courtlistener.com/opinion/8208754/greene-v-rainbow-properties-ltd/ ↗

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Following plaintiff’s breach, defendant was entitled to suspend its performance. See Williams v. Carter, 129 Vt. 619, 623, 285 A.2d 735, 738 (1971) (“a failure of payment is a justification for ceasing further work . ■. . .”); Cass-Warner Corp. v. Brickman, 126 Vt. 329, 337, 229 A.2d 309, 315 (1967) (defendant’s failure to pay for work as it progressed relieved plaintiff from further performance). Absent an agreement by defendant that it would underwrite the installation of heating equipment by plaintiff, the court’s award of monetary damages to plaintiff for his expenditures for such equipment was error.

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