Gary v. E. FRANK MILLER CONSTR. CO. INC.

Cooper, Judge.

Appellant Patricia S. Gary and her husband entered into a contract with appellee under which appellee was to build a house for the Garys. During the construction, problems arose between the parties. The Garys had concerns regarding appellee’s workmanship, and appellee contended that there were insufficient funds in the construction bank account each month from which appellee drew its monthly compensation. As a result, they mutually agreed to rescind the contract and executed a “Contract of Rescission and Release” under which the contract was rescinded. The Garys agreed to pay…