Strouth v. Pools by Murphy and Sons, Inc.
Appellate Court of Connecticut
829 A.2d 102 (Conn. App. Ct. 2003)
The Strouths (plaintiffs) selected a peanut-shaped pool with a circular spa and contracted with Pools by Murphy and Sons, Inc. (defendant) for a "custom" shaped pool, but the contractor's steel frame ended up kidney-shaped with an almond-shaped spa instead. The Strouths halted construction; Pools by Murphy offered to finish the kidney-shaped design as-is, which the Strouths refused, and they sued for breach of contract. The trial court found Pools by Murphy substantially deviated from the contract's requirements, constituting a material breach, and awarded the Strouths $10,618.63; Pools by Murphy appealed, arguing the deviation wasn't material.
Whether substantial deviation from a contract's requirements justifies termination of the contract.