Moffet v. Ginther

Plaintiffs brought an action against defendants Kingswood Development Company (Kingswood), Gene Ginther and Marvin Heath, alleging negligence, breach of implied warranty, and intentional misrepresentation in the construction and sale of a house and lot.1 In separate answers, Kingswood and Ginther denied any wrongdoing. Kingswood also cross-claimed against Ginther and Heath, claiming indemnity. Ginther answered, denying the cross-claim. Before trial, Kingswood amended its answer by deleting its cross-claims against Ginther and Heath and adding affirmative defenses. After trial to a jury,…