Supreme Court of Wisconsin
103 N.W.2d 296 (1960)
Frank and Carol Jacobs (defendants) contracted with Eugene Plante (plaintiff) to construct a house for them according to specifications set out in their written agreement. The total price for building the house was $26,765 and the Jacobs paid $20,000 during the construction. The Jacobs, who had concerns about the quality of the construction and perceived flaws in the work completed thus far, refused to continue paying Plante. Plante ceased building the house and sought to place a lien on the property to collect the remaining balance of the contract price. The Jacobs argued in defense that Plante failed to substantially perform because various aspects of the construction either remained incomplete or were poorly constructed and in need of repair or replacement. They claimed that the cost of repairing the defects and completing the work would cost 25 to 30 percent of the contract price. Among the repairs to be made were cracks in the plaster, the patio floor and non-structural patio wall. The Jacobs also asserted that the living room was constructed one foot from where it was supposed to be built according to the contract specifications. The trial court found that the contract was substantially performed by Plante and applied the cost of repair rule in determining damages. The matter was appealed to the Supreme Court of Wisconsin.
Rule of Law
Holding and Reasoning (Hallows, 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 204,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.