Barrett v. Jenkins

CLEMENS, Judge.

Plaintiff home-buyers sued defendant seller-contractor for damages from alleged construction defects. A jury awarded plaintiffs $10,000 and defendant appeals from the ensuing judgment. We reverse and remand.

The primary issue is plaintiffs’ theory of recovery — did the court improperly submit plaintiffs’ case on the theory of an implied warranty of fitness?

Plaintiffs pleaded defendant contracted to sell them a specified lot and build thereon a five-bedroom dwelling for $80,813; construction was to accord with a written contract, to be done in a workmanlike manner and to be “fit…