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Pack v. Case – Case Brief Summary (Utah)

In Pack v. Case, 2001 UT App 232, 30 P.3d 436, 439 (Utah Ct. App. 2001), a dispute arose over the re-shingling of a roof.

After the work was done, the owner withheld $675 of the $8,775 billed. Id. The parties went to trial, and the owner prevailed. Id. at 439-40.

On appeal, the roofer claimed that withholding $675 was a prior material breach that excused enforcement of the warranty provision of the contract. See id. at 440.

The Utah Court of Appeals upheld the trial court's determination that withholding 7.7% of the contract price did not constitute a prior material breach. Id. at 441-42.

Nowhere in Pack does the court hold that, as a matter of law, withholding 7.7% of the contract price is immaterial.

Instead, the court of appeal reviewed the factual determinations of the trial court after a full trial and upheld that factual determination. See id.