Kelly v. Floor Bazaar, Inc.

Birdsong, Judge.

Suit on account. Mr. and Mrs. Kelly entered into an oral contract to have the Floor Bazaar, Inc. install a vinyl floor covering in their home. After the parquet-style squares were installed, it was noted that because the cement floor underlying was not flat, the lines did not match. Moreover, there was a manufacturer’s defect wherein the stain did not appear to be evenly distributed on the individual squares. The first flooring was taken up with the consent of the Kellys. Though the evidence was disputed, the jury was warranted in believing that before installation the…