Beeman v. Worrell

GUITTARD, Chief Justice.

The principal question in this case is the measure of a building contractor’s recovery for a part performance which the jury has found was not substantial. The trial court apparently awarded the market value of the house as constructed, less the owners’ payments and the cost of remedying certain defects, and the owners appeal. We hold that this amount was properly determined to be the net benefit to the owners from the contractor’s part performance. We also hold that the owners are not entitled to recover damages for breach of a contractual warranty without…