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Associated Electrical Contractors subcontracted Edlen Electrical to construct electrical outlets for certain outdoor kiosks for the 1996 Olympics in Atlanta. The parties agreed to a price of $69,000.00 for the services, with $34,500.00 paid in advance. Edlen performed the promised services plus some additional work, but Associated refused to pay the remaining $34,500.00 or for the additional work. Associated claimed that payment to Edlen was contingent on Associated receiving payment from a third party, which did not occur, and that for this reason it had ordered Edlen to cease performance after two days of work worth approximately $20,000.00. Edlen countered that it received no order to cease and that payment was not contingent.

Edlen sued Associated for breach of contract. Associated asserted the above defenses and added that the contract was illegal and therefore unenforceable in that Edlen allegedly did not employ a person possessing the statutorily-required electrical contractor’s license.1 Associated also counterclaimed for a partial or full return of the advance payment, arguing that Edlen was not authorized to continue after receiving the instruction to cease and that Associated had not received payment from the third party. The court directed a verdict against Associated on the counterclaim. The jury found in Edlen’s favor on the breach-of-contract claim, awarding $34,500.00.

 
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