Midkiff v. Kenney

Donald W. Midkiff and Josephine Midkiff purchased their new home from the builder Robert H. Keeney, Jr. and his wife, Ruthie E. Keeney on February 15, 1979 for $73,-900. On August 21, 1981, the Midkiffs instituted a suit against the Keeneys, which alleged that faulty construction had caused (1) the earth to slip around the house causing structural damage and (2) a fire from the fireplace. After the Keeneys received the summons and complaint on March 21, 1982, they served the Midkiffs with a notice of bona fide defense on April 12, 1982 and an answer on April 22, 1982 that included various…