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Bennett v. Hayes

53 Cal. App.3d 700, 125 Cal.Rptr. 825 (1975)

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Bennett v. Hayes

California Court of Appeal

53 Cal. App.3d 700, 125 Cal.Rptr. 825 (1975)

Facts

On August 24, 1973, Mr. Hayes (defendant) brought his car to Mr. Bennett’s (plaintiff) car repair shop for repairs. Mr. Hayes and Mr. Bennett orally discussed the price of the necessary repairs for Mr. Hayes’ car. The total price agreed on for the repairs was $187.00. Mr. Bennett never provided Mr. Hayes with a written estimate of the cost of the repairs as required by California statute. On September 28, 1973, Mr. Bennett informed Mr. Hayes that additional repairs were necessary that would cost another $200.00. Mr. Hayes verbally authorized the repairs. When the repairs were finished, Mr. Bennett sent Mr. Hayes a bill for $500.00. Mr. Hayes refused to pay and Mr. Bennett brought suit for breach of the parties’ oral contract. At trial, the court held the contract illegal and unenforceable because Mr. Bennett failed to provide Mr. Hayes with a written estimate of the cost of the repairs in violation of California statute. Mr. Bennett appealed.

Rule of Law

Issue

Holding and Reasoning (Per curium)

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