Hourihan v. Grossman Holdings Ltd.
Florida District Court of Appeal
396 So. 2d 753 (1981)
Relevant factsFree
The Hourihans (plaintiffs) contracted with Grossman Holdings (defendant) for a house matching a model home oriented to capture prevailing winds and a residential view, but Grossman built a mirror image, giving them a highway view and blocking the wind instead. The trial court found breach but declined to award damages, reasoning that rebuilding would be economic waste since the house's value as built had risen well above the contract price, and the Hourihans appealed.
IssueFree
Whether the measure of damages for a home not built according to contract specifications is the cost to rebuild it to conform to those specifications.