Haymore v. Levinson

328 P.2d 307 (Utah 1958)

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Nature of the Case

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Facts

P was constructing the house when D contracted to purchase it for $36,000. As part of the contract, $3,000 of the purchase price was to be placed in escrow to be held until 'satisfactory completion of the work' which referred to a list of items attached to the contract. Ds moved in, and P finished the work and then requested the release of the $3,000. Ds stated that they were not 'satisfied' with certain of the items and refused to release the money. P agreed to take care of another list of items which D insisted must be completed. When he and his workman came to do this work, D indicated dissatisfaction and demanded still further work, to which D would not agree. D ordered P off the property, taking the position that they would not release the money until P fully satisfied their demands. D interpreted 'satisfactory completion of the work' under a subjective meaning. P asserts that it means only that the work must meet a standard reasonable under the circumstances. P sued D and won. D appealed.