Reliable Construction & Realty Co. v. Waterproofing Service, Inc.

HOOD, Associate Judge.

Appellant brought action for an alleged' breach of a contract by which appellee undertook to waterproof the below grade walls of twenty-two houses constructed by appellant. The complaint alleged that after the work was completed water seeped' through the walls and that this was due to-appellee’s defective work and constituted' a breach of the guarantee provision of the contract. The case was submitted to a jury which found in appellee’s favor.

At the trial there was little or no dispute-that water was seeping into the basements-of the houses. There was direct conflict of…