Homeowner hires excavator to clear earth out of his basement. Excavator encounters stone, says it will cost more. Takes WAY more time to complete, then sues the homeowner when he doesn't pay.I remember the judge found in favor for the excavator, and I think it was on a quantum meruit theory, but this case didn't pop up in the section used to illustrate quantum meruit/quantum valebat. May have been policing the bargain. Stone was not part of the original contract. May have been around the time of the famous case involving the selling of a cow which turned out to be a milking cow unknown to either party.Also, what part of the UCC would this be covered under? thanks
It deals with revisions of contractual duty. The case is Brian Constr. Dev. Co. v. Brighenti. I may be wrong, but I don't think this case is covered under the UCC. The UCC deals with the sale of goods, not services.
