Frank Brigtsen, Inc. v. Swegel

ON APPLICATION FOR REHEARING

This court has considered the argument that the defective bricks were used by defendant in the instant case and not tendered to plaintiff. However, we are mindful that defendant had expended a substantial sum (or approaching the same amount as that claimed by the plaintiff) on the installation of the bricks before the defect was discovered.

Furthermore, we note that when the controversy arose as to the defectiveness of the bricks, one of the alternatives that defendant offered to plaintiff was that plaintiff could remove the bricks from the garage itself and…