Conann Constructors, Inc. v. Muller

PHILLIPS, Chief Justice.

Appellees, Mr. and Mrs. Lawrence Kol-bert, agreed to purchase a house from appellant Conann Constructors, Inc., in 1970. Their next-door neighbor, appellee Dale E. Muller, purchased a lot from Conann and had another contractor build his house in 1972. The Kolberts’ house had a septic system in the front yard but it never worked properly. Effluence from the septic system ran from the Kolberts’ lawn onto Muller’s lot and down the street. Muller filed suit against the Kolberts for nuisance in April, 1975. The Kolberts then filed a third-party action against Conann for…