Karen Construction Co. v. Lizotte

How courts have described this case

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

• reviewing and affirming judge's order denying plaintiff's motion to dismiss defendant's appeal as untimely
• “The date of an alleged breach is a question of fact for the trier of fact.... Neither this court nor the trial judge is permitted to determine when the breach occurred.”
• where judge did not instruct jury to find date of breach for prejudgment interest purposes, and parties did not object to judge's failure, argument as to date of breach cannot be raised on appeal
• pre-Deerskin case referring to “alleged date of breach” in dispute involving owner’s refusal to pay builder balance on several installments of contract; concluding that date of breach had not been established at trial and awarding prejudgment interest from date complaint was filed
• denial of motion to dismiss appeal reviewed for abuse of discretion

Source: CourtListener parenthetical corpus (CC0).