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Britton v. Turner | 6 N.H. 481 (1834)

Say you make a contract to do something for someone else. You work hard on it, and you provide a real benefit to that person. But what you come up with is, well, a bit different from what you initially agreed to provide. If the other guy refuses to pay you for your hard work, can you sue for breach of contract? Maybe not. But don’t give up hope. As the New Hampshire Superior Court of Judicature said nearly two centuries ago in Britton versus Turner, you might have other options.

Britton and Turner agreed that Britton would work for Turner for a year, from March 1831 to March 1832. In exchange, Turner promised to pay Britton one hundred and twenty dollars. History doesn’t tell us what kind of work Britton was hired to do, but it must not have been very satisfying, because Britton quit in December.

Britton then sued Turner for one hundred dollars, claiming that even though he didn’t fulfill the full term of the contract, he was entitled to one hundred dollars for the labor he did perform. After a trial in the Cheshire County Court of Common Pleas, a jury awarded Britton ninety-five dollars. Turner then appealed to the Superior Court of Judicature, which was, at that time, the highest state court in New Hampshire.

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