High Quality Homes, Inc. v. Palmer

On September 21, 1950, plaintiff contracted with defendant to build for her a one-family house in Yonkers, New York. The house was to have a garage in part of the basement. The contract price was $14,500. The blueprints provided for a twenty-foot setback. Plaintiff built the house with a fifteen-foot setback, which it claimed was with defendant’s consent. The result of bringing the house that much closer to the curb was that the ramp down to the basement garage was so steep as to render the garage unusable. When plaintiff demanded the final payment, a dispute arose as to the steepness of the…