KREYER V. DRISCOLL 39 Wis.2d 540, 159 N.W.2d 680 (1968) CASE BRIEF

KREYER V. DRISCOLL

39 Wis.2d 540, 159 N.W.2d 680 (1968)

NATURE OF THE CASE: This was a dispute over an oral contract to construct a home. Driscoll (D), homeowners, challenged a decision, which awarded damages to Kreyer (P) home builder, and entered judgment in favor of P on the basis that P had substantially performed the contract.

FACTS: Kreyer (P) entered into a contract with D to build a home. The cost of the construction was to be $47,046.02 and extras were found to be $2,787.83. There were problems with the completion and D refused to pay for alleged breaches. The court found that P had substantially performed and deducted from the price $740 for poor workmanship, $1,233.32 for unreasonable delay, $23,460 for payments already made to P, $13,433.32 for payments made by D to subs. Judgment was entered for P for $10,967.81 as the trial court found that only $4,650 worth of work remained and that P had substantially performed. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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