Freeman v. Duhamel

The Freemans (plaintiffs) paid $190 to hire Duhamel (defendant) to inspect a home they wanted to buy. The Freemans had noticed that the kitchen floor sagged, but Duhamel’s inspection failed to reveal that the sagging was caused by faulty makeshift support columns that had been erected under the floor. Based on Duhamel’s inspection, the Freemans decided to buy the home. After the home had been purchased, the Freemans discovered the faulty support columns and sued Duhamel for breach of contract. At trial, the parties presented evidence from three witnesses concerning repair costs. A structural engineer testified that it would cost $500 to repair the existing columns. A second structural engineer testified that it would cost $5,000 to repair the columns and to level the kitchen floor. A contractor estimated that it would cost $18,320 to repair the columns, level the floor, and install new cabinets. The Freemans presented evidence that levelling the floor would likely make it impossible to return the cabinets to their original positions and argued that their damages should include not only the cost to repair the support columns but also the cost to level the floor and to replace the cabinets. The trial court found that Duhamel had breached the contract but concluded that, since the sagging kitchen floor was observable when the Freemans bought the house, they were entitled only to damages in the amount necessary to fix the existing support columns. Both Duhamel and the Freemans appealed.