PINCHES V. SWEDISH EVANGELICAL LUTHERAN CHURCH 55 Conn. 183, 10 A. 264 (1887) CASE BRIEF

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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