Elam v. Woolery

COMBS, Justice.

The appellees, who are husband and wife and who were plaintiffs in the trial court, recovered judgment in the amount of $1,000 against the appellant, a building contractor, for breach of contract in the construction of a house. The plans and specifications which appellant agreed to follow in construction of the house called for an interior finish of lath and plaster. Instead of laths, the appellant used a substitute material known as “cellotex” which was not suitable for the purpose, with the result that soon after appellees moved into the house, the plaster commenced to fall…