Taulbee v. Moore
Court of Appeals of Kentucky
Case 96 — ACTION ON CONTRACT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. Building Contract — Damages to Owner for Breach of — What is Proper Measure. — The owner of a lot contracts with builder to erect house of certain kind thereon. The contractor builds a materially different kind than that contracted for.
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Case 96 — ACTION ON CONTRACT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. Building Contract — Damages to Owner for Breach of — What is Proper Measure. — The owner of a lot contracts with builder to erect house of certain kind thereon. The contractor builds a materially different kind than that contracted for. We insist that the measure of damages to owner is not the difference between the character of the house actually built and the one contracted for; but is- the sum necessary to construct a building as contracted for; or to remodel or reconstruct the one built until fit is according to the…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion op the court.
This suit was instituted by appellee to recover a balance of $258.68 alleged to be due upon a contract made with appellant to build an addition to his house at an agreed price of $458.68, $200 having been paid in cash.
Appellant, in his original answer to appellee’s claim, said that the work was not done in a workmanlike manner, and alleged that it was a part of the parol contract between them that the brickwork was to be executed so as to leave the inside surface of the walls as smooth as the outside; *752that the joints were all to be struck and…
2Cited by13 opinions
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- Cassinelli v. StacyCourt of Appeals of Kentucky (pre-1976) · 1931
- Jones v. ElliottNebraska Supreme Court · 1961
- State Property & Buildings Commission of the Department of Finance v. H. W. Miller Construction Co.Court of Appeals of Kentucky · 1964
- Karlinski v. P. R. & H. Lumber & Construction Co.North Dakota Supreme Court · 1938
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