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Strouth v. Pools by Murphy and Sons, Inc.

Appellate Court of Connecticut
829 A.2d 102 (Conn. App. Ct. 2003)


The Strouths (plaintiffs) sought to have Pools by Murphy and Sons, Inc. (Pools by Murphy) (defendant) install a swimming pool in their yard. The Strouths selected a peanut-shaped pool with a circular spa from a brochure and informed Pools by Murphy of its decision. The parties entered a contract specifying that Pools by Murphy would construct a “custom” shaped pool for the Strouths. Construction commenced and Pools by Murphy excavated the yard and built a steel frame. However, the frame was in the shape of a kidney with an almond-shaped spa. The Strouths ordered Pools by Murphy to discontinue construction. Pools by Murphy eventually offered to complete construction of the kidney-shaped pool with a circular spa. The Strouths refused and brought suit against Pools by Murphy for breach of contract. The trial court found that Pools by Murphy substantially deviated from the requirements of the contract. It held that construction of the kidney-shaped pool was a material breach of the contract and awarded the Strouths $10,618.63. Pools by Murphy appealed, arguing that the trial court improperly found that construction of a kidney-shaped pool was a material breach of the contract.

Rule of Law


Holding and Reasoning (Lavery, C.J.)

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