Orem v. Keelty

Citations

• 85 Md. 337
• 36 A. 1030
• 1897 Md. LEXIS 43

Syllabus

<p>Cotitracts — Failure to Perform Within the Time Limited — Waiver of Time — Acceptance of Work Not Done in Strict Compliance With the Contract — Implied Agreement — Assumpsit.</p> <p>When a party to a contract promises to do a certain thing at or before a specified time, but does it after the expiration of that time, he is entitled to recover the value of his work, if the same is accepted by the other party, less such damages as have been caused by the delay.</p> <p>If there be a special agreement under seal to do work and it is done but not pursuant to the contract either in point of time or in any other respect, the party who did the work may recover for the same upon the common counts in assumpsit, if the work be accepted by the party for whom it was done. In such case, by permitting the plaintiff to proceed with the work, the defendant waives his right to object that it was not completed within the time specified, and the law implies a promise on his part to pay what the work is reasonably worth.</p> <p>A contract under seal was made between plaintiff and defendant by which the former agreed to grade certain streets according to specifications to be furnished by a surveyor. Payments were to be made by the defendant at intervals upon estimates of the surveyor, and the defendant was to retain ten per cent, of the amount of each estimate until completion of the work. Defendant agreed to finish the work by a certain day. The surveyor refused to furnish some of the* grades, after much of the work was done, but gave them to the plaintiff some days after the expiration of the time limited for the completion of the work. Plaintiff finished the grading in accordance with the specifications of the contract some three months after the time fixed and the same was accepted by the defendant. In an action of assumpsit to recover the ten per cent, so retained by the defendant, Held, that although the defendant could not have maintained an action of covenant on the contract un