Cullens v. Woodruff

Pannell, Presiding Judge.

The plaintiffs brought an action to recover $15,000 damages from the defendant. The complaint was in several counts including breach of contract, warranty and negligence. The defendant filed a motion for summary judgment. The trial judge sustained the defendant’s motion. The plaintiffs appeal the order granting summary judgment as to the counts alleging breach of contract, warranty and negligence.

On December 13, 1972, appellants entered into a contract with appellee to purchase a house which was partially built. Appellee was to complete construction of the house in…