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Contracts Keyed to Dawson
Strouth v. Pools by Murphy and Sons, Inc.
Citation:
79 Conn. App. 55, 829 A.2d 102.Facts
On May 19, 1998 the plaintiffs met with defendant’s salesman, Ed Carter, regarding installation of a custom pool. After viewing defendant’s brochure, the plaintiffs contracted with defendant to install a peanut-shaped pool with a circular spa on their property. On July 16, 1998, the defendant began excavation at which time defendant’s president, Dennis Murphy, showed plaintiff Caroline Strouth a picture of a kidney-shaped pool. Caroline advised Dennis the picture was not what she was expecting. Plaintiff Robert Strouth later called the defendant and spoke to Joseph Murphy, an employee of defendant, regarding an excavation bill. However, Joseph abruptly ended the call before Robert could express concerns regarding the pool’s shape. Four days later, Robert called defendants and ordered they discontinue all work on the property. Ed Carter subsequently called the plaintiffs several times attempting to work out completion of the pool. On September 16, 1998, defendant’s sent a letter to plaintiffs offering to complete the pool with a circular spa.
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