Hourihan v. Grossman Holdings, Ltd. Grossman Holdings Ltd. v. Hourihan

386 So.2d 753 (1981), 414 So.2d 1037 (1982)

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Nature of the Case

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Facts

Appellants entered into a sales contract to purchase a house to be built by appellees on a particular lot. The contract called for appellees to build a house which was substantially the same as the plans and specifications on file at Seller’s office or if constructed, the model located in Seller’s model area. Prior to the commencement of the construction, the buyers learned of the contractors’ plan to build the house as a mirror image of the plans and model shown to them when they entered into the contract. They desired to have the house constructed as specified in order to obtain optimal benefit of the prevailing winds, which would minimize the need for AC as well as for aesthetic reasons. Despite their objection, the contractor erected the mirror image version and Ps sued D for breach of contract. The trial court found that the builder had violated the contract but denied all money damages to P on the grounds that the award of money damages would be waste and because the value of the house as constructed had enhanced substantially over the contract price. P appealed.