Westminster Associates, Ltd. v. Orkin Exterminating Co. (In re Westminster Associates, Ltd.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This proceeding is before the Court upon the Complaint of Plaintiff, Westminster Associates, Ltd., seeking damages against Defendant, Orkin Exterminating Company, Inc., arising from (i) Defendant’s failure to properly protect the Plaintiffs apartment complex from subterranean termites, and (ii) Defendant’s failure to honor the repair guarantees which it issued to Plaintiff.

Upon the evidence presented, the Court makes the following findings of fact and conclusions of law:1

Findings of Fact

1. Plaintiff is the owner of a…