Lawyer Kent's house
The ContractsProf Blog gives us the historical skinny on the case that established when diminution of damages rather than cost of repair governs recovery of damages for defective construction.
Here's the money quote from Judge Benjamin Cardoza's opinion in Jacob & Youngs v. Kent: "The owner is entitled to the money which will permit him to complete, unless the cost of completion is grossly and unfairly out of proportion to the good to be attained. When that is true, the measure is the difference in value."
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