WH MULHERIN CONSTRUCTION COMPANY v. Betterton

Evans, Judge.

Robert J. Betterton purchased a home from W. H. Mulherin Construction Co. The house was in a substantial state of completion, although certain items were still to be completed in accordance with the contract of purchase. The builder, Mulherin, represented the home to be "a good home... and he was proud of it.” (Tr. p. 6) He at no time indicated there were any defects or suspected defects in existence, and stated that the company had been in the construction business for years.

Betterton moved in and began having severe problems with drainage in the basement; .the driveway began…