Pinches
v.
Supreme
Court of Errors of
55
Facts: The plaintiff built a
church for the defendant. It wasn’t
exactly the way the defendant wanted it, but it was good enough to be
beneficial to the defendant. The defendant
refused to pay, and the plaintiff sued.
Issue: Can the plaintiff recover
for the services rendered and value of the materials if he violated the contract
by good faith mistake?
Rule: The plaintiff is entitled
to the contract price less the diminution of value of the church due to the plaintiff’s
departure from the agreed-upon specifications.
Analysis: The church gives value to
the defendants. To fix it and make it in
compliance with the contract would cost so much that the plaintiff would not
get any compensation. However, the court
thinks the plaintiff is entitled to restitution, because otherwise the church
will have a benefit while the plaintiff will have a hole in his pocket.
Conclusion: The court upheld the trial
court’s verdict.