Axline v. Kutner

FARMER, Judge.

This is an action by a home buyer 1 against the seller/contractor. The trial court granted a motion for partial summary judgment, certified as a final judgment under Rule 54.02 T.R.C.P. and Plaintiffs appeal.

The order granting partial summary judgment provides:

[T]he same hereby is granted and the plaintiffs’ claim in this case shall be limited to a claim under the express one (1) year builder’s warranty for those alleged defects set forth in the plaintiffs letter of March 3, 1987, and the “Field Report” dated July 20,1987, on the ground that the real estate contract in question…