3 total
Delay clause enforced and restaurant construction deficiencies yielded net damages judgment.
The plaintiffs sued a contractor and its principal for breach of a contract to construct a turn-key restaurant in a leased strip-mall space.
The court found the defendants agreed to complete the project by a specified deadline, failed to meet that deadline and two later written guarantees, and were responsible for multiple construction and equipment deficiencies, including electrical work, ventilation, fixtures, seating, and sprinkler upgrades.
The court rejected the claim for lost business profits as unsupported, but enforced a weekly liquidated damages clause and awarded thrown-away operating expenses for the pre-addendum delay period.
On the counterclaim, the defendants were permitted only to set off the contractual $10,000 holdback; all alleged extras were dismissed.
Judgment issued for the plaintiffs for $46,199.10 plus pre-judgment interest.
Motion to extend time to perfect appeal granted due to brief delay and lack of prejudice.
The appellant brought a motion to extend the time to perfect his appeal from orders removing him as an estate trustee and awarding costs against him.
The appellant, initially self-represented, failed to perfect the appeal by the deadline but subsequently retained counsel and moved quickly to seek an extension.
Applying the factors for extending time, the court found the delay was brief, the explanation reasonable, and there was no specific prejudice to the respondent.
The motion was granted, allowing the appellant until February 19, 2010, to perfect the appeal.
Legacy directed for purchase of life annuity vests on testator's death and is subject to garnishment.
The appellant appealed a motion judge's order allowing a judgment creditor to garnish funds from an estate that were directed by the testatrix's will to be used to purchase a non-commutable life annuity for the judgment debtor.
The Court of Appeal dismissed the appeal on the merits, holding that the legacy vested in the judgment debtor upon the testatrix's death and was therefore subject to garnishment.
However, the Court granted leave to appeal the costs order and directed that the costs of the initial motion be paid out of the estate rather than by the appellant.
