Rogowicz v. Taylor and Gray, Inc.

MOORE, Justice.

Appellants, Eugene E. Rogowicz, et ux, brought suit against appellee, Taylor and Gray, Inc., for damages for breach of an implied warranty upon a new home which they purchased from appellee. Appellants alleged that subsequent to the purchase of their home the foundation became materially defective; that as a result appellants were required to expend the sum of $2,980.00 for the repair of the foundation and sustained damages in such amount. Appellee answered with a general denial. Trial was before a jury. In response to the issues submitted by the court, the jury found (1) that…