Scribner v. O'Brien, Inc.

The plaintiffs brought this action to recover damages for the cost of repairing a drainage problem and other defects allegedly created by the defendants during construction of their new dwelling house. The action, in three counts — breach of express warranty, negligence, and breach of implied warranty — was referred to a referee, who, acting as the court, rendered judgment for the plaintiffs on all three counts. The defendants have appealed, assigning error in the court’s refusal to find facts claimed to be admitted or undisputed, in finding facts without evidence, in the conclusions reached,…