Foust v. Hanson

KEITH, Justice.

This is an appeal by defendant Foust from the trial court’s judgment awarding plaintiffs specific performance of a contract to convey real property, and damages in the amount of $16,376.55.

Under the contract in controversy, defendant agreed to construct and plaintiffs agreed to purchase a house to be completed on or before October 1, 1979. The contract price of $99,975.00 was subject to variance depending upon the cost of light, plumbing fixtures, flooring, appliances and wallpaper.

The house was not completed for closing of the sale until early December, 1979. When plaintiffs…