Atkinson v. Orkin Exterminating Co.

Meyer, J.:

This is an action for breach of contract and negligence.

In December of 1975, the parties entered into an agreement whereby Orkin Exterminating Company, Inc. (Orkin), was to treat the Atkinsons’ home for termites. They wanted their home treated after learning that a neighbor’s home was infested. In conjunction with the contract, the Atkinsons purchased a renewable one-year guarantee which obligated Orkin to reinspect, retreat (if necessary), and repair any damage caused by termites from the date of the contract.

During the course of the lawsuit the husband, Allen Atkinson, died. His…