Blair Construction, Inc. v. McBeth

The opinion of the court was delivered by

Lockett, J.;

Homebuyers John and Frances McBeth appeal the district court’s order holding that the builder, Blair Construction, Inc. (BCI), was entitled to an in personam and in rem judgment. Homebuyers challenge the enforceability of a promissory note and a second mortgage entered into after the delivery of the warranty deed to homebuyers and the trial court’s award of prejudgment interest to the builder. Builder cross-appeals, alleging the trial court erred in reducing the amount of the homebuyers’ liability.

Bill Blair, the president of BCI, and John…