This section contains the nature of the case and procedural background.

Pinches (P) entered into a contract to construct a church for Swedish (D). The building was completed but had a number of defects in it. The ceiling was two feet lower than required, the windows were shorter and narrower, and the seats were narrower than the specifications had required. P in doing the work acted in good faith, and the building as completed was reasonably adaptable to D's wants and requirements. P sued for nonpayment of the bill and D countered with the cost of making the building conform to the original specifications. The court excluded D's evidence at trial. The trial court awarded P his contract price less the amount of diminution in value of the building by reason of P's deviation from the contract. D appealed.

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