Haymore v. Levinson (1958)

Haymore v. Levinson
Supreme Court of Utah, 1958.
8 Utah 2d 66, P.2d 307.

Haymore (P) was a builder that contracted to sell Levinson (D) a house that he had almost completed for $36,000.  The contract provided that $3,000 of the purchase price would be held in escrow until the “satisfactory completion” of a list of items attached to the contract. When  the plaintiff completed the work and requested the release of the $3,000 from escrow, the defendants refused asserting that they were not satisfied with certain of the items. After some discussion, the plaintiff agreed to take care of another list of items which the defendants insisted must be completed. When the plaintiff completed  the second list, the defendants expressed dissatisfaction with the second list and demanded still further work, to which the plaintiff did not agree. The plaintiffs sued to recover the $3,000. Plaintiff was awarded the $3,000 less $261 which the Court held to be the total value of certain minor deficiencies in the plaintiff’s performance. A higher court affirmed the ruling, noting that building contracts generally do not fall into a class where taste, fancy or sensibility is a predominant importance, therefore an objective standard is used to determine satisfaction.

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