Lumpkin v. Guthrie

Eberhardt, Judge.

Lumpkin sued Guthrie seeking damages for the breach of a real estate sale contract, alleging that Guthrie had, in various particulars, failed to complete the house in accordance with the contract stipulations. Guthrie answered, alleging that subsequent to the sale contract he had executed a warranty deed to plaintiff by which "any and all defects in the agreement was Tsicl cured,” and asserting both by answer and motion that the complaint failed to state a claim upon which relief could be granted. Upon trial by the court without a jury the plaintiff testified, and certain…