(Download) "Douglas L. Perry and Linda Lee Perry V." by Court of Appeals of Idaho No. 15639 # eBook PDF Kindle ePub Free
eBook details
- Title: Douglas L. Perry and Linda Lee Perry V.
- Author : Court of Appeals of Idaho No. 15639
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal by Gary and Vicki Schaumann from a judgment in favor of Douglas L. and Linda Lee Perry (the Perrys), doing business as Perry Construction Company, for money due on an oral contract to remodel the Schaumann house. The sole issue on appeal is whether the trial court erred by failing to allow the Schaumanns credit for a payment they made to a supplier of materials. For reasons explained below, we affirm and remand the case for entry of a modified judgment. The dispute arises out of an oral agreement between Douglas Perry (Perry) and the Schaumanns. The parties agreed that Perry, as a general contractor, would build an addition to and extensively remodel the Schaumann house on a cost plus ten percent basis. It was further agreed that Perry would bill the Schaumanns monthly for the cost of materials and labor incurred on the project. Perry encountered several difficulties during the course of construction, including discovery that the foundation of the existing house was out of square, the walls leaned, and the floors were unlevel. The Schaumann family continued to occupy the home throughout the construction. Due to these difficulties the job went slowly, causing a dispute between the Schaumanns and Perry. Ultimately, the Schaumanns refused to make further payments until the addition to the house was closed in. In response to this ultimatum Perry terminated the job because of his inability to pay further costs of construction. Subsequently, Boise Cascade, a supplier of materials to the project, filed a complaint against the Perrys and the Schaumanns, among others, seeking payment for the costs of materials furnished. The Perrys filed a cross-complaint against the Schaumanns for the amount due under the construction contract.
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