Ever-tite v Green - the materials to work on the house....

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Page: 158 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Ever-tite Roofing Co v Green La.App(1955) Plaintiff appealed an order from the trial court (Louisiana), finding that defendant homeowners did not breach a contract to re-roof their residence. The company alleged that the homeowners' breached a contract to re-roof the homeowners' residence. The homeowners notified the roofing company of their desire to countermand the contract when the crew from the roofing company arrived with supplies and labor to begin work. The homeowners alleged that there was no formal acceptance and the trial ct agreed. On appeal, the court reversed the judgement stating that the contract was accepted by the roofing company when they began peparing
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Unformatted text preview: the materials to work on the house. There was no time limit stated in the contract for the work to commence, and the court found that there was an implied delay of time from contract signing to work commencement, and further that this amount of time was not considered unreasonable. Whether the defendants timely notified plaintiff before commencing performance of the work. If a contract does not specify a time within which it must be accepted, or within which the work is to be commenced, a reasonable time must therefore be allowed in accordance with the facts and circumstances and the evident intention of the parties. This is to be determined on a case by case basis....
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

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Ever-tite v Green - the materials to work on the house....

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