Haymore v. Levinson
Utah Supreme Court
328 P.2d 307 (Utah 1958)
Haymore (plaintiff) was building a house that the Levinsons (defendants) had contracted to buy. Under the contract, the Levinsons could move in before the house was fully finished, and $3,000 of the purchase price was to stay in escrow until "satisfactory completion of the work." After Haymore finished construction, the Levinsons said they were not "satisfied" and refused to release the escrowed $3,000. Haymore sued to recover the money, and the Levinsons argued their own subjective satisfaction (or lack of it) should control. The trial court ruled for Haymore, and the Levinsons appealed.
Whether "satisfactory completion" of construction work involving operative fitness, mechanical utility, or structural completion is measured by an objective standard, or by the buyer's own subjective satisfaction.