Fence-should I pay for the "good side" when she said she didn't care?
The owner of the property next door and I had a verbal agreement (which is supported by emails back and forth) to split 50/50 the cost of a new fence on our property line (Riverside county CA). We were in total agreement and a lot of work on mine and my husbands part (he took down the old fence and hauled it away, I got all the quotes for the new fence and made several trips to Lowe's for the materials and we up fronted the money). The day the fence went up we asked her (in front of witnesses) how she wanted the fence to go up and she said that she did not care, it did not matter to her. So we put it up with us getting the flush side. A few days later she informed us to expect payment with a 10% deduction because we go the good side of the fence. Which we did, but we were willing to change it and gave her to option to change it (vinyl panels) to a "good neighbor" fence but she declined she just wanted the discount. I have proof on an email from her admitting she said she didn't care but now she considers that an upgrade. Do I have a case?