Scott v. Wagner

BERNDT, Circuit Judge.

In the spring of 1974, plaintiff entered into a verbal contract with defendants to build a recreational home near Terry Peak, Lawrence County, South Dakota. Price was on a cost plus basis. Plaintiff promised completion by September 1, 1974.

After various complaints by Dr. Wagner regarding unexplained construction delays, general poor quality of workmanship, excessive cost overruns, unsquare framing, deviation from blueprints, and other defects, the services of plaintiff were terminated by telephone on December 13, 1974. This was followed by a written termination, dated…