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Contracts Keyed to Burton
Plante v. Jacobs
Citation:
10 Wis. 2d 567, 103 N.W.2d 296Facts
Frank and Carol Jacobs (collectively “the Jacobs”) (defendants) entered into a written contract with Plante (plaintiff). Under the contract, Plante was to build a house for the Jacobs in accordance with plans and specifications. Disputes arose between Plante and the Jacobs, which lead to the Jacobs refusing to continue paying Plante. Plante stopped work on the house and filed for a lien so that he could recover the unpaid balance of the contract price. In response, the Jacobs complained of defective workmanship (i.e., failing to furnish cabinets, gutters, etc.; cracks in the ceiling of the living room and kitchen; misplacement of a wall between the kitchen and living room). The Jacobs contended that the misplacement of the wall narrowed the living room in excess of one foot and the cost of tearing it down and rebuilding would cost about $4,000. The trial court rendered a judgment in favor of Plante. The Jacobs appealed.
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