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Plante v. Jacobs | 103 N.W.2d 296 (1960)
Just when the house was almost complete, the buyers announced that it was all wrong. Did they have to finish paying? The court in Plante versus Jacobs had to decide how well-constructed a house had to be in order to be good enough for the builder to recover.
Frank and Carol Jacobs entered into a contract with Eugene Plante. They agreed that Plante would provide materials and labor to build them a house in accordance with pre-printed plans. They agreed to a sum of about $27,000. The construction proceeded, and the Jacobses paid Plante $20,000, but then the parties got into a dispute. The Jacobses stopped payment, and Plante stopped building. Plante filed a lien to recover the unpaid balance of the contract price.
The Jacobses argued that Plante hadn’t substantially performed the contract and therefore shouldn’t recover any amount. Plante agreed that he hadn’t provided kitchen cabinets and several other items, totalling $1,600. The Jacobses complained that many other things were faulty or incomplete, and that completing the house in accordance with the plans and specifications would amount to 25 or 30 percent of the contract price. They were particularly upset about the wall between the living room and the kitchen, which made the living room one foot narrower than the plans stipulated.
The trial court found that Plante had substantially performed the contract. It granted Plante over $4,000, deducting a portion of the remaining fee due to documented defects in workmanship. The Jacobses appealed to the Supreme Court of Wisconsin.
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Plante v. Jacobs Case Brief Summary | Law Case Explained
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