Matulunas v. Baker

FLANIGAN, Judge.

Plaintiff Joseph Matulunas brought this action against defendants W. H. Baker and Linda M. Baker, husband and wife, based upon a breach of implied warranty with respect to the condition of a new house sold by defendants to plaintiff. The jury found in favor of plaintiff and awarded him $1,421.71. Defendants appeal.

Defendants’ first “point relied on” is that the evidence is insufficient to support the verdict. More specifically, defendants contend that two of the elements set forth in Instruction No. 3, plaintiff’s verdict-director, lacked evidentiary support. Defendants do not…