Paul v. Jones

Banke, Judge.

The appellants contracted with the appellees to construct a road for a real estate development. After the work was completed, the road began to deteriorate; and the appellants sued for damages, alleging both breach of contract and negligence in the performance of the contract.

The case came on for trial; and before completing their evidence, the appellants voluntarily dismissed their complaint without prejudice. They later filed this action, alleging essentially the same claims as contained in the original complaint. The appellees moved for summary judgment relying on, among other…