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Contracts Keyed to Summers
Plante v. Jacobs
Citation:10 Wis.2d 567, 103 N.W.2d 296
Frank and Carol Jacobs (collectively “the Jacobs”) (defendants) entered into a written contract with Plante (plaintiff) to furnish the materials and construct a house in accordance with a stock floor plan for the sum of $26,765. The Jacobs made $20,000 in payments to Plante during the course of the construction. The Jacobs later complained of defective workmanship. Plante failed to furnish kitchen cabinets, gutters and downspouts, the sidewalk, closet clothes poles, and the entrance seat for the house. The Jacobs especially took issue with the misplacement of a wall between the living room and kitchen, which narrowed the living room in excess of one foot. The Jacobs refused to continue payments. Plante did not complete the house and sued to establish a lien to recover the unpaid balance of the contract. The Jacobs argued that Plante could not recover because he did not substantially perform under the contract.
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