Remy v. Olds

Action upon Contract—Damages for Breach — Quantum Meruit — Pleading — Joinder of Causes of Action.—A cause of action for damages for several breaches of the terms of an express contract, and a cause of action on a quantum meruit for work and labor performed and materials furnished, may be united in the same complaint.

Id.—'Maturity of Cause of Action — Notice of Repudiation of Contract-Dependent Covenants'—Surrender of Possession — Time of Suit for Damages. —Where by the terms of a written contract the plaintiff was to enter upon, use, and possess for three years certain lands of the defendants under specified conditions and covenants, which made the beneficial enjoyment of the lands by the plaintiff depend upon the fulfillment of the contract by the defendants, a written notice of repudiation of the contract, given by the defendants to the plaintiff at a time whem the plaintiff was not in default, whereupon the plaintiff vacated the premises and defendants resumed possession thereof, constitutes such a breach of the contract by the defendants as will authorize the plaintiff to sue at once for damages for the breach, without waiting for the time to arrive for the performance of the other conditions of the contract.

Id.—Construction of Contract — Irrigation of Lands—Furnishing of Ditch and Water Right — Dependent Covenants — Time of Performance.—Where by the terms of the contract the plaintiff was required thoroughly to irrigate the lands of the defendants during a specified period of time, and the defendants were to furnish a water right, and to construct a canal or ditch along one side of the land, without specifying a limit of time therefor, the contract will be construed to mean that the ditch should be dug and the water furnished when the time for the irrigation by the plaintiff arrived.

Id. — Building of Fence — Performance by Plaintiff not Due — Consequences of Defendant’s Breach — Excuse for Non-performance. — Where the failure of the defendants to furnish the water required for irrigation as agreed caused the death of vines, for the protection of which the plaintiff had agreed to build a fence upon the defendant’s land, performance of the plaintiff’s covenant to build the fence was not due, and is not necessary to be excused in an action for the breach of the contract on the part of the defendants.

Id.—Readiness of Plaintiff to Perform — Prevention of Performance. — Conceding that the failure of plaintiff to build the fence was necessary to be excused, an allegation that the plaintiff was ready and willing to irrigate, prune, cultivate, and in every way care for the vines and trees as promised in the agreement, is a sufficient allegation to cover the plaintiff ’s obligation to build the fence to protect the vines and trees, which are alleged to have died owing to the failure of the defendants to iurnish the water for irrigation, as agreed by them.