Grun Roofing v. Cope
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Grun Roofing v. Cope | |
Court | Texas Courts of Appeals |
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Citation | 529 S.W.2d 258 |
Date decided | October 15, 1975 |
Facts
- O.W. Grun Roofing and Construction Co. = "Grun" = plaintiff = construction company = roofing contractor
- Mrs. Cope = "Cope" = client of Grun
- Cope contracted with Grun to install a new roof on her home
- Cope specified that the shingles be in russet glow ("russet" is a reddish-brown color).
- Upon completion, Cope noticed that some shingles had yellow streaks
- Grun replaced those vexing shingles; however, a color mis-match still remained
- In this way, the roof lacked a uniform color
- In response, Cope refused to pay for the roof
Procedural History
- Grun filed a mechanic's lien (construction lien) on Cope's property.
- Cope sued Grun for breach of contract.
- Cope sought to invalidate the mechanic's lien.
- The trial court found in favor of Cope.
Issues
Under the doctrine of substantial performance, may a party to a contract recover if his performance doesn't comply with the contract in a material respect?
What if a constructed building contains a cosmetic defect?Arguments
Grun contended that he was entitled to a substantial payment (even if not 100% of the agreed-upon amount in the contract) in accordance with the quantum meruit concept.
Holding
No. A party may not recover based on substantial performance if a defect in the party's performance frustrates the purpose of the contract.
Grun isn't entitled to recover anything. He may not recover on the basis of quantum meruit.Judgment
Affirmed
Reasons
Judge: The defect in Grun's performance frustrated the very purpose of the contract: having a roof that is uniform in color.