Peltz Construction Co. v. Dunham

CONOVER, Judge.

Peltz Construction Company (Peltz) appeals the trial court’s award of damages to Enid Dunham (Dunham) for breach of warranty. We affirm.

ISSUE

The sole issue on appeal is whether there is sufficient evidence to sustain the trial court’s decision.

FACTS

The evidence most favorable to the judgment is that on July 7, 1969, Dunham and her now deceased husband contracted with Peltz to waterproof their basement and to do some other construction work. The written agreement included a sentence which read, “Water problem will Be Guaranteed for as long as Customer lives in house.” Within a…