Plante v. Jacobs case brief summary
103 N.W.2d 296 (1960)
Plaintiffs appealed from a decision of
the Circuit Court for Waukesha County (Wisconsin) granting damages
according to the diminished value rule to defendant homeowners and
against plaintiff contractor who substantially performed under the
CASE FACTS On appeal, both defendants and
plaintiff asserted that the lower court applied the wrong rule in
assessing damages when a construction contract was substantially, but
not strictly, performed according to the contract.
court affirmed, stating that the correct rule for damages due to
faulty construction was the difference between the value of the house
as it stood and the value of the house if it had been constructed in
accordance with the specifications.
The cost of replacement was not
the measure of such damage, but was an element to take into
consideration in arriving at value under some circumstances.
separation of defects would lead to confusion, the rule of diminished
value applied to all defects.
As the lower court's findings were not
against the great weight and clear preponderance of the evidence, it
would not be disturbed on appeal.
CONCLUSION Affirmed because the lower court's
application of the diminished-value rule to determine damages due to
faulty construction was not against the great weight and clear
preponderance of the evidence.
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