Argentinis v. Gould
Supreme Court of Connecticut
592 A.2d 378 (Conn. 1991)
Relevant factsFree
Gould (defendant) built a defective, incomplete home for Argentinis (plaintiff), who had executed a $43,000 mortgage note as part of the purchase price and hadn't defaulted on it; the trial court awarded Argentinis $73,068.75 in repair costs without reducing that award by the unpaid $43,000 mortgage balance he still owed under the underlying contract.
IssueFree
Whether, when a buyer receives a defective or incomplete building, part of the price that is as yet unpaid should be deducted from the cost of completion that is awarded to the buyer.