Max L. Kuniansky v. D. H. Overmyer Warehouse Co., Inc., D. H. Overmyer Warehouse Co., Inc. v. Max L. Kuniansky

FISHER, District Judge:

This appeal challenges the district court’s holding that the defendant Ku-niansky as builder-contractor was liable for breach of contractual warranty respecting foundation construction for a warehouse built for the plaintiff Over-myer. Kuniansky alleges the trial court erred in finding a lease contract and a separate contemporaneously executed option-to-purchase to be a single complete agreement enabling Overmyer to rely on warranties in the lease after exercising the option; that conveyance of the deed from Kuniansky to Overmyer did not extinguish previous contractual…