Schunk v. Wieland

Rogosheske, Justice.

Appeal from an order denying plaintiff’s post-trial motion for judgment notwithstanding the verdict or a new trial.

Plaintiff, who built and sold a new dwelling house to defendants in July 1962, brought suit in December 1966 for $155 claimed due for labor and materials not included in the purchase price. Defendants, by answer, alleged that such labor and materials were furnished as part of the purchase agreement and counterclaimed for $5,779 damages claimed to have been sustained subsequent to their purchase because of wet-basement problems caused by the seepage of water…