· 10/25/1967
Nelson v. Hazel
Citations
- 433 P.2d 120
- 91 Idaho 850
- 1967 Ida. LEXIS 276
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- negligent contractor can recover for benefits conferred, citing comment c of Restatement (First) of Contracts § 357
- “A person may not enforce collection under a contract which has not been performed.”
- \A person may not enforce collection under a contract which has not been performed.\
- “It is basic contract law that one party cannot insist upon the performance of a contract or a provision thereof where he, himself, is guilty of a material or substantial breach of that contract or provision.”
- approving the rule in Restatement (Second) of Contracts § 374
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Taylor, McQuade, Spear, Norris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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