Moss v. Speck

Knapp, District Judge.

This is an action at law brought by Donald Moss and Betty Moss, husband and wife, against LaMoine Speck, doing business as LaMoine Speck Construction Co., alleging breach of warranties contained in the parties’ written contract for the construction by defendant of a residence for plaintiffs.

Construction was completed, or nearly so, in early October 1976. Plaintiffs moved into the residence a few days later, although a required “occupancy permit” allowing them to do so had not yet been obtained from the city building inspector. On March 19, 1977, following a 10-inch…