Holmes v. Worthey

Birdsong, Judge.

The appellants, Mr. and Mrs. Holmes, appeal from the trial court’s grant of appellees’ motion to dismiss. Mr. and Mrs. Holmes bought a new house from appellees, who were the builders, and in *263their complaint below sued appellees for defects in the construction of the house on theories of breach of contract and negligence. Appellees denied all the appellants’ causal averments, and responded that on September 22, 1978, appellees conveyed certain property to the Holmes by warranty deed, and “all work done by these defendants . . . and any of the provisions in the contract upon…