Brummel v. Whelpley

Plaintiff and defendant entered into an agreement for the sale of a lot and a house to be built on the lot for $23,300. After completion of the house a dispute arose between the parties over the workmanship of the house and defendants refused to complete the transaction and pay plaintiff the balance owing on the house.

Plaintiff filed suit for specific performance of the contract, or in the alternative for damages. Defendants counterclaimed seeking damages for the delay in completion of the contract and repair of the faulty construction.

Prior to trial defendants moved for a partial summary…