Pout v. Babcock

LE SUEUR, Judge.

The basis of this action lies in contract. On October 8, 1965, the plaintiff and defendant entered into a written agreement which required that the defendant, in return for valuable consideration, design and construct a swimming pool on the rear lawn at plaintiff’s residence. Shortly after completion, the plaintiff discovered certain alleged defects in the construction and design of the pool and brought this action for damages. The trial court found for the plaintiff in the sum of $540.00 and the defendant has appealed.

The most serious defect alleged by the plaintiff and found…