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Contracts Keyed to Fuller
O.W. Grun Roofing and Construction Co. v. Cope
Citation:
529 S.W.2d 258 (1975)Facts
Mrs. Fred M. Cope contracted with O.W. Grun Roofing & Construction Co. to install a new roof on her home for $648.00. The contract specified “russet glow” shingles, which defendant defined as a “brown varied color,” with the understanding that the roof would be of uniform coloration. After installation, Mrs. Cope noticed yellow streaks on the northern, eastern, and southern portions of the roof due to color inconsistencies in the shingles. The defendant attempted to remedy the situation by replacing some of the non-conforming shingles on the northern and eastern sides, but left the southern side untouched. Despite these efforts, the roof continued to have a patched appearance rather than the uniform color specified in the contract. Expert testimony suggested that the only way to achieve a uniform color would be to install a completely new roof, as the color disparities had not diminished after nine to ten months.
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