Mooney v. Skoumal

George Rose Smith, Justice.

In 1969 the appellant, a contractor, built a dwelling house for the appellees for an agreed contract price of $24,000. Within less than a year after the completion of the house the appellees brought this suit to require the appellant to correct some twenty-nine defects in the structure. The trial eventually resulted in a decree for damages rather than in one for specific performance. Both parties have appealed from a decree awarding $2,500 damages to the appellees.

For reversal the appellant first contends that there was an accord and satisfaction, in that the…