Pollard v. Guaranty Pest Control, Inc.

SHORES, Justice.

In January, 1964, John B. and Patricia J. Pollard bought a house in Calhoun County. In 1967, they entered into a contract with Dixie Exterminators, Inc. wherein Dixie agreed to chemically treat the house and warrant that it would remain free of termite infestation during the contract period. The contract had an annual renewal clause and was renewed by the Pollards each year. Dixie assigned the contract to Guaranty Pest Control in 1969. The Pollards accepted this arrangement and forwarded renewal payments to Guaranty. In the Spring of 1971, termite infestation was discovered in…