Pelletier v. Johnson

937 P.2d 668 (1996)

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Nature of the Case

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Facts

Pursuant to a written contract, Ds agreed to purchase and P, an Arizona licensed contractor, agreed to install vinyl siding on Ds' home for $5,475. The contract provided that Ds could cancel the transaction within three business days. Ds never did so. P installed the siding approximately one week after the contract was executed. Ds refused to pay. P sued them for breach of contract and later added claims for quantum meruit and unjust enrichment. The trial court dismissed P's contract claim, concluding that the parties' transaction constituted a 'home solicitation sale' within the meaning of § 44-5001(1) and that the parties' contract was 'ineffective' because it lacked language required by § 44-5004(B). It then ruled that P was entitled to recover the reasonable value of the improvements (siding and installation) in the amount of $5,475 based on unjust enrichment. The court entered judgment for $7,800 in attorney's fees plus taxable costs. Ds appealed.