Pinches v. Swedish Evangelical Lutheran Church
Supreme Court of Errors of Connecticut
10 A. 264 (Conn. 1887)
Plaintiff contracted to build a church for the defendant. Upon completion, although the plaintiff acted in good faith in his construction of the church, the building did not comply with all of the requirements of the contract. The ceiling was lower than the contract called for, the windows were smaller, and the seats were narrower, among other variations. Nonetheless, the defendant took possession and objected to the variations as soon as they were noticed. After the church was built, it would have been nearly impossible for the plaintiff to modify the building to comply with the exact requirements of the contract without partially tearing it down and rebuilding it. As a result of the variations, the defendant did not pay the plaintiff for his labor and materials and the plaintiff brought suit. The trial court found that the defendant should pay the plaintiff the contract price minus the diminution in the value of the building due to the deviations from the contract. The defendant appealed.
Rule of Law
Holding and Reasoning (Beardsley, J.)
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