Little v. Merck

Hall, Presiding Judge.

In an action for damages based on a builder’s failure to correct a defect in the grading and drainage of a house, defendant appeals from the judgment and from the denial of his motion to strike part of the complaint.

Plaintiff-buyer signed a contract with defendant-builder on February 3, 1969. It was a standard-form printed contract used by real estate agents for the sale of residential property and was also signed by the broker. The only thing in the contract which would indicate anything other than the usual sale of a finished dwelling was a provision that closing would…