PINCHES V. SWEDISH EVANGELICAL LUTHERAN CHURCH
55 Conn. 183, 10 A. 264 (1887)
NATURE OF THE CASE: This was a dispute over the finished product of a construction
contract. In an action to recover for work done and materials furnished, Swedish (D)
appealed a decision that rendered judgment for Pinches (P) contractor.
FACTS: Pinches (P) entered into a contract to construct a church for Swedish (D). The
building was completed but had a number of defects in it. The ceiling was two feet lower
than required, the windows were shorter and narrower, and the seats were narrower than the
specifications had required. P in doing the work acted in good faith and the building as
completed was reasonably adaptable to D's wants and requirements. P sued for nonpayment of
the bill and D countered with the cost of making the building conform to the original
specifications. The court excluded D's evidence at trial. The trial court awarded P his
contract price less the amount of diminution in value of the building by reason of P's
deviation from the contract. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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