Driver-Miller Plumbing Inc. v. Fromm

Upon trial, the court found that the radiant heating unit was not installed by plaintiff in accordance with the plans, but that the divergence resulted from defendants preparation of the foundation and base upon which plaintiff was to install the heating unit, and also from compliance with instructions of Melvin B. Fromm, one of the defendants, who was the general contractor on the job. The court also found that the kitchen of the house was enlarged during construction and that the heating system as installed was inadequate, but could be made adequate by plaintiff at a cost of $156.00. The court concluded that plaintiff, was entitled to judgment upon the note sued upon, together with a decree foreclosing the mortgage, and that at defendants election and upon payment of $156.00 by defendants, the plaintiff should install a supplemental heating system in the kitchen of defendants house. From a judgment on these findings the defendants have appealed.