Rosenberg v. Mossman

Stolz, Judge.

The appellants, a swimming pool construction company, appeal from a default judgment against them in the appellees’ action for damages for the appellants’ breach of an implied warranty of fitness in a contract to build a pool in the appellees’ yard, and for the appellants’ fraudulently procuring the appellees’ signature on a completion certificate prior to the completion of the job, resulting in the premature assignment of the contract and a deed to secure debt to a third-party lien creditor.

1. The verdict and judgment for $5,000 general damages was authorized by the evidence.…