Trayner v. Cushing

Plaintiffs sued on a contract under which they constructed and sold a single family dwelling to defendant. The contract of sale was written on a standard form earnest money agreement and offer to purchase, but it was modified by oral agreement that “extras” would be provided as requested by defendant and charged at the contractor’s (plaintiffs) cost. The house was completed and the sale closed. At the closing, the price agreed under the written contract was paid. The parties could not agree with respect to the price of the extras, however, and that amount was not paid.

Plaintiffs brought…