Chase Precast v. JOHN J. PAONESSA CO., COMMONWEALTH

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that frustration of purpose \is a question for the trier of fact\ and describing extrinsic evidence considered by the factfinder
• frustration of purpose exists where \party's principal purpose is substantially frustrated without his fault by the occurrence of an event the 14 non-occurrence of which was a basic assumption on which the contract was made\ [citation omitted]
• contract to provide concrete median barriers measured in linear feet
• “Clearly frustration of purpose is a more accurate label for the defense argued in this case than impossibility of performance, since . . . ‘[p]erformanee was not literally impossible. Nothing prevented [defendant] from honoring its contract to purchase . . .’ ”

Source: CourtListener parenthetical corpus (CC0).