Cutler v. Geissler

691 P.2d 1252, 107 Idaho 637, 1984 Ida. App. LEXIS 537
CourtIdaho Court of Appeals
DecidedNovember 19, 1984
DocketNo. 14064
StatusPublished
Cited by3 cases

This text of 691 P.2d 1252 (Cutler v. Geissler) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cutler v. Geissler, 691 P.2d 1252, 107 Idaho 637, 1984 Ida. App. LEXIS 537 (Idaho Ct. App. 1984).

Opinion

WALTERS, Chief Judge.

This is a dispute between homeowners and a general contractor arising from construction of a new house. The parties had agreed to an estimated base contract price for the construction. Subsequently, as construction progressed, the “estimate” was revised and the homeowners eventually paid, either to the general contractor or to various subcontractors, considerably more than the base price. The dispute ripened when a building materials supplier filed suit against the homeowner to foreclose a materialman’s lien. A district court ultimately found that the homeowners had overpaid. Judgment was entered against the general contractor for some of the “extra” amounts paid. The general contractor has appealed. He presents the following issues: (1) Did the trial court correctly “construe” the agreement between the contractor and the homeowners? (2) Did the trial court arrive at the proper measure of damages? We vacate the judgment and [638]*638remand the case for further findings by the trial court.

The homeowners, Stephen and Helen Cutler, contacted Frank Geissler, a residential building contractor, about building a house on land the Cutlers owned near Challis, Idaho. Based upon an informal set of plans prepared by the homeowners, the contractor made a written proposal to construct the house for $62,365.40. It is undisputed that this figure subsequently was modified by the parties both before and during the construction and some of the changes were noted on the written proposal. As the construction neared completion, a lien foreclosure suit was filed against the homeowners by a materials supplier. The homeowners brought the contractor into the suit on a third-party complaint. Essentially, the homeowners believed that they were not responsible for payment of the materialman’s claim because they had already paid out more than the initial base contract price. The contractor responded, alleging the homeowners were obligated to pay for the building materials because of the uncertainties created by the informal plans provided by the homeowners. The contractor also counterclaimed against the homeowners for recovery of an alleged balance due on the construction contract. The homeowners settled with the materialmen, prevailed at trial on their claim against the contractor, and a judgment of $7,773.97 was entered against the contractor.

Both parties testified concerning the initial contract estimate and the revisions to it. From the evidence presented, the trial court essentially made the following determination:

The homeowners agreed to pay for the construction:

Initial proposed price $62,365.40
Extra plumbing + 1,125.00
Extra material costs + 1,700.00
Additional trusses + 1,100.00
Painting (originally part of contract price, but Cutler decided to do himself) - 1,800.00
Total: $64,490.40
The homeowners in fact paid:
To Geissler $54,000.00
To materialman (Houston Lumber Co.) 11,000.00
To materialman (Allied Builders) 8,019.05
For cabinet Geissler failed to provide 1,800.00
For entry and fireplace rock 200.00
Boom truck rental 120.00
Floor beams 86.11
Clean up 66.00
Total $75,291.16

The difference between the two totals reveals a potential recovery of $10,800.76 for the homeowners. However, against this possible award the trial court gave the contractor credit for the following items not included in the base contract price but which were paid for by the contractor:

Electrical paid by Geissler - $1,700.00
For cabinet door installation 180.00
For chimney cap 72.79
Extra cost, taping and texturing 1,074.00
Total credited to Geissler $3,026.79

As noted, judgment was then entered in favor of the homeowners for $7,773.97 ($10,800.76 less $3,026.79).

The contractor contends that the court’s calculations misconstrued the agreement of the parties. He asserts that by the parties’ agreement, the contractor was to receive the base estimate of $62,365.40 plus the cost of other materials later agreed upon as construction progressed. In his view, the evidence established the following tabulation:

Estimate: $62,365.40
Plus:
Windows 1,414.00
Extra Materials 1,700.00
Extra plumbing 215.00
Trusses 1,100.00
Electrical 1,700.00
Texturing 1,074.00
Cabinet doors, labor 180.00
Chimney cap 72.99
Stair rail 150.00
Sub-Total $69,971.39
Less:
Paint & cabinets - 3,600.00
$66,371.39
Payments received from Cutler -54,000.00
Total $12,371.39

[639]*639In our view the contractor’s approach overlooks a significant factor. The original estimate figure was arrived at from the contractor’s calculations of certain materials which would be used in the construction. It is undisputed that part of those materials ultimately were obtained on credit from Houston Lumber Company and Allied Builders and that those accounts were satisfied directly by the homeowners. We believe the trial court did not err in giving the homeowners credit on their agreement with the contractor for those accounts — otherwise the homeowners would have paid twice for the same materials. The court did not misconstrue the agreement between the homeowners and the contractor; rather the court in essence found that the parties’ agreement consisted of the original estimate plus subsequent modifications and revisions arrived at by mutual consent through parol agreement or inferred from the conduct of the parties. See Harrington v. McCartney, 91 Idaho 307, 420 P.2d 790 (1966).

The contractor also argues that the trial court utilized an improper measure of damages in arriving at its judgment in this case. The contractor asserts that the court should have totalled all materials and labor contemplated (not including those items found to be ordered as changes and to be paid for solely by the homeowner), added a nominal profit and then deducted the payments made by Cutler, to arrive at a total amount due. Upon this basis, the contractor argues that he would have received the reasonable value of “extra” work and material, and would have been compensated upon a theory of quantum meruit, citing Harrington v. McCarthy, supra. We think Geissler reads Harrington too broadly. In Harrington,

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Cite This Page — Counsel Stack

Bluebook (online)
691 P.2d 1252, 107 Idaho 637, 1984 Ida. App. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutler-v-geissler-idahoctapp-1984.