Tri-State Home Improvement Co. v. Mansavage

In Tri-State Home Improvement Co. v. Mansavage, 77 Wis. 2d 648, 253 N.W.2d 474 (1977), the home improvement firm sued the homeowners for money due under the contract. See Mansavage, 77 Wis. 2d at 654-55. It contended that it had completed the contract, but the homeowners refused to pay, asserting that the contract had not been fulfilled because additional work remained undone. See id. On the second day of trial, the home improvement firm attempted to amend the complaint to include a quantum meruit claim. See id. at 657. The trial court refused the request and ultimately determined that the contract had been breached, resulting in no recovery for the home improvement firm. On appeal, the supreme court stated that the trial court "abused its discretion in refusing to allow an amendment" to include a quantum meruit claim. Id. at 658. Mansavage instructs that a breached contract should be treated like an invalid or unenforceable contract, thus permitting the recovery of the reasonable value of the completed work.