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Contracts Keyed to Fuller
H.P. Droher and Sons v. Toushin
Citation:
250 Minn. 490, 85 N.W.2d 273 (1957)Facts
In 1952, the Toushins acquired land in St. Paul for $5,500 and hired James Speckmann to prepare plans for a single-family residence. They contracted with H.P. Droher and Sons to construct the house for $41,000, later increased to $43,996.52 due to changes during construction. The contract required the plaintiff to perform all work in a “first class workmanlike manner” and to grade the property so that water would drain away from the house. Construction began in January 1953, and the Toushins moved in on June 23, 1953. Shortly after moving in, a rainstorm caused significant water damage to Victor Toushin’s model railroad equipment stored in the basement when water entered through partially open windows. The Toushins also discovered that the floor of the house was not level, requiring furniture to be propped up on one side. They claimed these defects resulted from plaintiff’s failure to properly install a steel post in the basement and to include necessary knee walls and collar ties to support the roof, as well as improper grading that caused water to flow toward rather than away from the house.
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