Deehl v. Sparks Construction Co.

HENDRY, Chief Judge.

This is an appeal by the plaintiffs, E. M. Deehl and Etta Deehl, his wife, from a summary final judgment in favor of the defendant, Sparks Construction Co., Inc.

The defendant construction company entered into a contract with the plaintiffs to construct a residence at 8901 North Bay-shore Drive, Miami, Florida. The building was completed and approved by the Dade County Building and Zoning Department on December 4, 1958. On June 17, 1959, a tornado struck the Miami area and partially demolished the plaintiffs’ house.

In the complaint plaintiffs allege that their residence was…