O.W. Grun Roofing & Construction Co. v. Cope

529 S.W.2d 258 (1975)

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Nature of the Case

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Facts

Cope (P) entered into a contract with Grun (D) to install a new roof. The contract required D to install a new roof on P's home for $648. The color of the shingles was to be russet glow. After D installed the new roof, P noticed that it had streaks which she described as yellow. D agreed to remedy the situation, but the replacement shingles did not match those already there. P sued D to set aside the mechanic's liens and for $1,500 in damages. D filed a cross-claim for $648 and foreclosure of the mechanic's lien. The jury found (1) D failed to perform his contract in a good and workmanlike manner; (2) D did not substantially perform the contract; (3) P received no benefits from the labor performed and the materials furnished by D; the reasonable cost of performing the contract in a good and workmanlike manner would be $777.60. Although the verdict shows the cost of proper performance to be $777.60, the judgment describes this finding as being in the amount of $770.60, and the award of $122.60 to plaintiff is based on the difference between $770.60 and the contract price of $648.00. P won $122.60, and D appealed.