Surety Development Corp. v. Grevas

When is a house a home? In our context a house is a home when it can be lived in. But when is that: When substantially completed or completely completed? We posit the question, because the answer is decisive.

Plaintiff sells prefabricated houses. Defendants selected one of their models, styled “Royal Countess, elevation 940.” A contract was signed. The cost was $16,385; completion date September 27, 1961. Around 4:00 p. m. on that date defendants refused to accept the house asserting noncompletion. Plaintiff then sued for the balance due and defendants counterclaimed for their downpayment.…