Hastey v. Humphries

ON MOTION FOR REHEARING

REYNOLDS, Justice.

Upon further consideration, we conclude that the judgment for plaintiffs must be reversed and the cause remanded because an unresolved essential element of plaintiffs’ causes of action was omitted, over objection, from the jury’s consideration. We, therefore, grant the defendant-subcontractors’ motion for rehearing, withdraw our 13 November 1978 opinion, set aside our judgment, and substitute this opinion.

Houston Humphries and wife, Dorothy Humphries, leased an apartment in Tiffany Square, a Potter County apartment complex owned by Multivest Real…