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Contracts Keyed to Dawson
Landis v. William Fannin Builders, Inc.
Citation:
193 Ohio App. 3d 318, 951 N.E.2d 1078.Facts
Landis and his wife contracted with Fannin Builders to construct a custom-built home. The contract included a variety of specifications, in particular the use of “T1-11 exterior siding covered with two coats of stain in a color of… choice” to achieve a “rustic look.” Due to staining errors, the siding was mismatched and attempts to correct the issue were unsuccessful. Landis and Fannin Builders were unable to reach a consensus on a solution and Landis was ultimately unsatisfied with the result. Landis brought suit for breach of contract and the trial court awarded Landis the replacement costs for the siding ($66,906.24) less the $3,908.98 he owed Fannin Builders under the contract. Fannin Builders appealed arguing that the trial court used the wrong measure of damages in determining its award.
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