W. R. Hafer v. Russ Horn and Sally Horn

On May 9, 1968, W. R. Hafer, the plaintiff-appellant, contracted with Russ and Sally Horn, husband and wife, defendants-respondents, to build them a house in the Trail End Subdivision in Blaine County, Idaho, for $23,500. Under the contract the Horns were credited with certain amounts for items they supplied including the lot, fireplace, brick, well, painting, etc., in the total amount of $5,900, leaving a balance ultimately to be paid under the contract of $18,600. Respondents furnished appellant with sketches to be used as the basis for construction of their house. No architect was employed for preparation of detailed plans. The record discloses that initially the parties were quite informal in planning the house. As stated by the trial court this started out to be a friendly 'build me a home agreement' along certain general lines, thus saving the costs of an architect and specific plans and specifications. On July 2, 1968, respondents paid appellant $13,000 on the contract price, leaving a balance of $5,600 payable upon completion of the dwelling. Appellant started construction early in the summer and continued work on the house until about September 4, 1968.