Pelletier v. Johnson
Arizona Court of Appeals
188 Ariz. 478, 937 P.2d 668 (1996)
- Written by Liz Nakamura, JD
Facts
Pursuant to a written contract, the homeowners (plaintiffs) contracted G&B Design Builders (G&B) (defendant) to purchase and install vinyl siding on their house for approximately $5,500. The contract was dated, signed, and provided to the homeowners and included a notice above the homeowners’ signature lines that the contract could be cancelled within three days of signing. The homeowners were aware of their right to cancel but never attempted to cancel the contract. G&B provided and installed the siding about a week after the execution of the contract. The homeowners refused to pay, and G&B sued for breach of contract, unjust enrichment, and quantum meruit. The homeowners argued G&B’s contract was unenforceable because it failed to strictly comply with the cancellation provisions of Arizona’s Home Solicitations and Referral Sales Act The trial court dismissed G&B’s breach-of-contract claim because the contract did not strictly comply with the requirements of the act, but also ruled that unjust enrichment entitled G&B to recover the $5,500 contract price. The homeowners appealed.
Rule of Law
Issue
Holding and Reasoning (Pelander, J.)
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