STROUTH V. POOLS BY MURPHY AND SONS, INC. 829 A.2d 102 (2003) CASE BRIEF

STROUTH V. POOLS BY MURPHY AND SONS, INC.

829 A.2d 102 (2003)

NATURE OF THE CASE: Pools (D) appealed a judgment for Strouth (D) wherein D claims the trial court improperly determined that the construction of a kidney-shaped swimming pool constituted a material breach of the parties' contract and it failed to award restitution.

FACTS: P contracted with D to build a pool. P decided on a peanut shaped pool with a circular six-foot interior spa. The salesman drew a contract for the construction of a 'custom' shaped pool, forty feet long by twenty feet wide. D arrived at the property to commence excavation. He showed P a picture of the kidney shaped pool he planned to dig and laid out staking. P told D that the picture he was showing her did not look like the pool she was expecting. D assured her that the pool would look like she expected it to when completed. The excavation was in the shape of a kidney. After the excavation was complete, a crew arrived to install the steel frame (rebar). An electrician and plumber also did work at the property. The rebars outlined an almond-shaped spa, not a circular spa. P eventually contacted D about an increase in costs and before he could complain about the shape D hung up on P. P ordered D to discontinue all work at the property. On September 20, 1998, D sent a letter to Ps in which it offered to complete the pool at the property with a circular spa. There was never an offer to reconfigure the pool in a peanut shape. Ps sued D for breach of contract, unjust enrichment and unfair trade practices in violation of the Connecticut Unfair Trade Practices Act, General Statutes 42-110a et seq. D filed a counterclaim, alleging breach of contract. The court awarded damages in the amount of $ 10,618.63 to P. The court rendered judgment for the defendant for the claims of unjust enrichment and unfair trade practices, and for Ps on D's counterclaim. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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