Shupe v. Menlove

CROCKETT, Justice.

This suit arises out of a written contract by which the defendant Roy A. Menlove agreed to build a house for the plaintiff at 1203 Yale Avenue in Salt Lake City for cost plus ten per cent. Upon a trial by jury of the various issues presented it found: (1) that defendant had substantially performed; (2) that his reasonable cost plus ten per cent totaled $43,000; (3) that his request for reasonable attorney fees, costs and certain other disbursements was without merit; and (4) plaintiff was entitled to an offset of $1,230.22 damages for defendant’s failures to fully perform.…