Pryme Construction Corp. v. Nickolson

HOOD, Chief Judge.

Plaintiffs-appellees brought this action against defendant-appellant, alleging they had purchased a home from defendant under a contract containing a warranty of a dry basement for one year, and seeking damages for the breach of that warranty. Defendant filed an answer denying “each and every allegation” of the complaint. At pretrial defendant admitted execution of the contract, but denied breach of the warranty. At trial defendant, then represented by counsel different from those who filed its answer and represented it at pretrial, offered evidence that the house was…