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Contracts Keyed to Murray
Vincenzi v. Cerro
Facts
Vincenzi (Plaintiff) entered into a contract with Cerro (Defendant) to build a house for Defendant. The contract price of $91,000 was to be paid in five installments over the course of the work. Defendant paid the first four installments, but refused to pay the remainder on the ground that the house was not complete. Plaintiff sued Defendant for the remaining amount, and Defendant counterclaimed for the cost of the incomplete or defective work. The trial court found that the work was substantially complete and that Plaintiff had substantially performed on the contract, despite minor incomplete items. The court entered judgment in favor of Plaintiff for the remaining amount under the contract, less $5,000 for incomplete or defective work. Defendant appealed.
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