Commercial Law Keyed to Lopucki
O.W. Grun Roofing and Construction Co. v. Cope
Plaintiff and Defendant entered into a written contract, which required Defendant to install a new roof on Plaintiff’s home for $648.00. The contract specified that the color of the roof was to be russet glow. After the roof was installed, Plaintiff noticed that the roof had yellow streaks. Defendant agreed to remedy the situation and removed the nonconforming shingles. However, the replacement shingles did not match the remainder, even after time the color was different. Therefore, it can be reasonably assumed that the only way to have a uniform roof would be to install a completely new roof. Plaintiff sued Defendant to set aside a mechanic’s lien and to recover damages as a result of Defendant’s failure to perform a contract to install a new roof on Plaintiff’s home. Defendant filed a cross-claim for the amount, which Plaintiff agreed to pay Defendant for installation of the roof and for foreclosure of the mechanic’s lien on Plaintiff’s home. The trial court awarded $122.60 in damages to Plaintiff for Defendant’s failure to perform the contract; set aside the mechanic’s lien; and denied Defendant recovery on its cross-claim. Defendant appeals.
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