Marquez v. Sears, Roebuck & Co.

*53OPINION

BASKIN, Justice.

This is a suit for damages for breach of contract. Appellants (plaintiffs) appeal from a judgment notwithstanding the verdict in favor of appellee (Sears).

In April, 1975, plaintiffs entered into a written contract with Sears whereby Sears agreed “to provide the necessary treatment to protect the premises ... against the attack of subterranean termites for the sum of $169.00.” Sears also agreed the reinspection would be made at least once during the contract year and that any further treatment then found necessary would be performed free of charge. Sears agreed that for…