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Bennett v. Hayes

California Court of Appeal

53 Cal. App. 3d 700 (1975)

Relevant factsFree

Hayes (defendant) brought his car to Bennett's (plaintiff) repair shop, and the two orally agreed on a $187 repair price; California law required repairmen to give customers a written cost estimate before starting work, but Bennett never provided one. Bennett later told Hayes additional repairs would cost $200 more, which Hayes verbally approved, but when the work was finished Bennett billed Hayes $500. Hayes refused to pay, and Bennett sued for breach of the oral contract. The trial court held the contract illegal and unenforceable because Bennett had violated the written-estimate statute, and Bennett appealed.

IssueFree

Whether a repair contract is illegal and unenforceable when the repairman failed to comply with a state statute requiring a written cost estimate before beginning work.

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