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Contracts Keyed to Fuller
Pittsley v. Houser
Citation:
875 P.2d 232, 125 Idaho 820 (Idaho App. 1994)Facts
In September 1988, Jane Pittsley contracted with Hilton Contract Carpet Co. for the installation of carpet in her home for a total price of $4,402. Hilton paid installers $700 to install the carpet. After installation, Pittsley complained about visible seams, gaps, carpet not laying flat, and failing to reach walls in certain areas. Despite Hilton’s attempts to fix these issues, Pittsley remained unsatisfied and eventually refused further repair efforts. Pittsley paid $3,500 initially but refused to pay the remaining $902. She then sued for rescission of the contract, return of her payment, and incidental damages. Hilton counterclaimed for the balance due. The magistrate found defects in the installation but determined that rescission was inappropriate since the only damage estimate was $250, which was not material enough to destroy the entire purpose of the contract.
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