Colbert Co. v. Newsom

Jordan, Presiding Judge.

Newsom, who bought a home from The Colbert Company, claimed damages in the amount of $5,127.67 on the theory of the breach of an agreement which did not merge with the closing of the sale, under which The Colbert Company was obligated to remedy defects in construction and the condition of the premises, and for which $1,000 of the agreed price was put in escrow as security for performance. The Colbert Company filed a counterclaim for the $1,000, which was then in the registry of the trial court, and for an additional $700 for extra work. The jury returned a verdict in…