Idaho Court of Appeals
796 P.2d 1035 (1990)
Ronald Schwegel (defendant) orally agreed to “restore” an automobile for George Anderson (plaintiff) for $6,000. Schwegel believed that “restore” meant restoration only of the body of the automobile, while Anderson believed it also included engine repairs. Schwegel later informed Anderson that the automobile needed substantial engine work to make it drivable, and Anderson authorized him to do the work without asking whether the engine repair would be included in the original $6,000 cost. Before work was completed, Anderson received an itemized statement of work that had been completed so far, which exceeded $6,000, to which Anderson did not object. The final cost of work totaled $9,800. Anderson had previously paid $5,000 and refused to pay the remaining $4,800. Schwegel refused to return the vehicle. Anderson filed an action against Schwegel, seeking enforcement of the $6,000 contract price and recovery of the automobile. After trial, the magistrate found that no contract between the parties existed, because there was no agreement on the meaning of the word “restore.” The magistrate awarded Schwegel $4,800 for the reasonable value of services and materials retained by Anderson, which included a 20 percent markup that Schwegel charged on some of the work. The district court affirmed. Anderson appealed.
Rule of Law
Holding and Reasoning (Walters, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.