LAW 600A Lecture 27: Law 600A Class 27 Notes
Document Summary
To perform under the common law requires almost complete performance plus any money damages equals full performance. Plai(cid:374)tiff"s roof is da(cid:373)aged a(cid:374)d plai(cid:374)tiff e(cid:374)ters i(cid:374)to a co(cid:374)tract with defendant to patch up roof damage. The shingles to be used are supposed to match the color of the existing shingles. Defendant completes work, but the color of the shingles used in the patch work do not match the color of the existing shingles. Plaintiff brings suit to recover the full contractual price of the contract and set aside a lien placed by defendant. Expert testimony states that had the shingles been installed correctly, there would be a blending effect and perfect matching would not be feasible. Jury finds for plaintiff in the amount of . 6 as damages for defe(cid:374)da(cid:374)t"s failure to perfor(cid:373) the co(cid:374)tract. Defendant moves for new trial stating they substantially performed the contract. Defendant expects a good or better looking roof than before the work was done.
