Musgrave v. Carroll

WALTER, Justice.

Kenneth L. Musgrave contracted with Busby Carroll and wife to build them a house. The Carrolls filed suit against Mus-grave and alleged that the defendant failed to substantially perform in that he failed to construct the house in a good and workmanlike manner and in accordance with the plans and specifications. The defendant pleaded that the major damages were caused by shifting soil.

The jury found that the defendant failed to complete the house in accordance with the plans and specifications; that the reasonable cash market value of the house would have been $20,000.00, if…