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Contracts Keyed to Summers
O.W. Grun Roofing and Construction Co. v. Cope
Citation:
529 S.W.2d 258Facts
O.W. Grun Roofing and Construction Company (“Grun”) (defendant) entered into a written contract for the installation of a new, weatherproof roof of uniform color at Cope’s (plaintiff) home for $648. The contract provided that the color of the shingles would be “russet glow,” which meant a “brown varied color.” Grun installed the roof, but the difference in the shades of some of the shingles caused yellow streaks. Cope was dissatisfied with the resulting roof. Grun agreed to remove and install replacement shingles, but the replacements did not match the already-installed shingles. As a result, the roof did not have a uniform color. Cope refused to pay Grun, so Grun obtained a mechanic’s lien. Cope sued to set aside the lien.
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