Tomlinson v. Dartmoor Construction Corp.

PRESIDING JUSTICE COUSINS

delivered the opinion of the court:

In March 1986, plaintiffs, Robert Tomlinson and Lori Tomlinson, entered into a contract with defendant, Dartmoor Construction Corporation, for defendant to construct and sell a house to plaintiffs. On October 11, 1989, plaintiffs filed an action against defendant to recover for alleged defects in the house under a warranty and for attorney fees pursuant to a rider to the contract. At trial, plaintiffs sought to prove the existence of defects in the house and that, pursuant to the warranty and the rider, defendant was obligated to…