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CHASE PRECAST v. JOHN J. PAONESSA CO., COMMONWEALTH

409 Mass. 371 (1991)

566 N.E.2d 603

CHASE PRECAST CORPORATION vs. JOHN J. PAONESSA COMPANY, INC., & another; COMMONWEALTH, third-party defendant.

Supreme Judicial Court of Massachusetts, Worcester.

February 20, 1991.

Attorney(s) appearing for the Case

David A. Talman for the plaintiff.

John J. Spignesi for John J. Paonessa Co., Inc.

Gerald K. Kelley, Assistant Attorney General, for the Commonwealth.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

LYNCH, J.

This appeal raises the question whether the doctrine of frustration of purpose may be a defense in a breach of contract action in Massachusetts, and, if so, whether it excuses the defendant John J. Paonessa Company, Inc. (Paonessa), from performance.

The claim of the plaintiff, Chase Precast Corporation (Chase), arises from the cancellation of its contracts with Paonessa to supply median barriers in a highway...

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