HAYMORE V. LEVINSON
328 P.2d 307 (Utah 1958)
NATURE OF THE CASE: Levinson (D) appealed a judgment for Haymore (P) in P's suit for
money due under a sales and building contract wherein D claimed that the house was not
completed satisfactorily as required by that contract.
FACTS: P was constructing the house when D contracted to purchase it for $36,000. As
part of the contract $3,000 of the purchase price was to be placed in escrow to be held
until 'satisfactory completion of the work' which referred to a list of items attached to
the contract. Ds moved in and P finished the work and then requested the release of the
$3,000. Ds stated that they were not 'satisfied' with certain of the items and refused to
release the money. P agreed to take care of another list of items which D insisted must be
completed. When he and his workman came to do this work, D indicated dissatisfaction and
demanded still further work, to which D would not agree. D ordered P off the property,
taking the position that they would not release the money until P fully satisfied their
demands. D interpreted 'satisfactory completion of the work' under a subjective meaning. P
asserts that it means only that the work must meet a standard reasonable under the
circumstances. P sued D and won. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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