O.W. GRUN ROOFING & CONSTRUCTION CO. V. COPE
529 S.W.2d 258 (1975)
NATURE OF THE CASE: This was a dispute over the installation of a roof. Grun (D) appealed an order, which awarded Cope (P), homeowner, damages for breach of contract, denied recovery to D on a cross-claim for breach of contract and set aside a mechanic's lien filed by D.
FACTS: Cope (P) entered into a contract with Grun (D) to install a new roof. The contract required D to install a new roof on P's home for $648. The color of the shingles was to be russet glow. After D installed the new roof, P noticed that it had streaks which she described as yellow. D agreed to remedy the situation but the replacement shingles did not match those already there. P sued D to set aside the mechanic's liens and for $1,500 in damages. D filed a cross claim for $648 and foreclosure of the mechanic's lien. The jury found (1) D failed to perform his contract in a good and workmanlike manner; (2) D did not substantially perform the contract; (3) P received no benefits from the labor performed and the materials furnished by D; the reasonable cost of performing the contract in a good and workmanlike manner would be $777.60. Although the verdict shows the cost of proper performance to be $777.60, the judgment describes this finding as being in the amount of $770.60, and the award of $122.60 to plaintiff is based on the difference between $770.60 and the contract price of $648.00. P won $122.60 and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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