Chandler v. Bunick

Plaintiffs brought an action against defendant builders for alleged breach of express terms of a contract to build a custom home on a lot owned by plaintiffs. Plaintiffs also alleged a second count for breach of implied warranties. Defendants’ motion to take from the jury plaintiffs’ implied warranties count was denied. Both counts were submitted to the jury, and judgment for plaintiffs was entered pursuant to a jury verdict. Defendants appeal.

Plaintiffs entered into an earnest money agreement to buy a lot from persons other than defendants on October 5, 1972. The following day plaintiffs…