Strouth v. Pools By Murphy And Sons, Inc.

829 A.2d 102 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P contracted with D to build a pool. P decided on a peanut shaped pool with a circular six-foot interior spa. The salesman drew a contract for the construction of a 'custom' shaped pool, forty feet long by twenty feet wide. D arrived at the property to commence excavation. He showed P a picture of the kidney-shaped pool he planned to dig and laid out staking. P told D that the picture he was showing her did not look like the pool she was expecting. D assured her that the pool would look like she expected it to when completed. The excavation was in the shape of a kidney. After the excavation was complete, a crew arrived to install the steel frame (rebar). An electrician and plumber also did work at the property. The rebars outlined an almond-shaped spa, not a circular spa. P eventually contacted D about an increase in costs and before he could complain about the shape D hung up on P. P ordered D to discontinue all work at the property. On September 20, 1998, D sent a letter to Ps in which it offered to complete the pool at the property with a circular spa. There was never an offer to reconfigure the pool in a peanut shape. Ps sued D for breach of contract, unjust enrichment and unfair trade practices in violation of the Connecticut Unfair Trade Practices Act, General Statutes § 42-110a et seq. D filed a counterclaim, alleging breach of contract. The court awarded damages in the amount of $ 10,618.63 to P. The court rendered judgment for the defendant for the claims of unjust enrichment and unfair trade practices, and Ps on D's counterclaim. D appealed.