S. D. & D. L. Cota Plastering Co. v. Moore

The question in the case at bar concerns the rule of substantial performance of building contracts. Plaintiff is a corporation engaged in the business of plastering and applying prepared siding materials. It is the latter activity which is involved here. An oral contract between plaintiff and defendants stipulated that plaintiff should apply new siding composed of a preparation known as Quikbrik to defendants’ home in Des Moines, at an agreed price. After the work was completed, defendants paid $1000 to apply upon the amount agreed; but later they refused to complete the payments, contending…