QUESTION
I signed a contract to have siding and door done. Financed 2949. Company made math error shouldve been 3949 siding already installed.
Asked on Nov 08th, 2012 on Contracts - Nebraska
More details to this question:
After siding and door was installed recieved first bill with additional 1000 making it 3949 instead of 2949. I have contract and financing agreement signed by me and the company for 2949. In the contract i see they added wrong and went unnoticed by either of us. The company added 1000 without new contract or financing agreement. Is that legal. Am I obligated to pay additional 1000 dollars.
1 ANSWER
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Generally speaking, one party to a contract cannot take advantage of a math error by the other party when the manifest intention of the parties was to pay the correct amount. In the event of a dispute under circumstances like this, courts often "reform" or otherwise grant relief so that the original intention of the parties is carried out. While some of your facts are unclear, as you say, the intention of the parties appears to have been that you would pay for the entire project cost of $3,949.
Answered on Nov 09th, 2012 at 3:08 AM