Spear v. Daniel

WELLS, Judge.

Plaintiffs contend the court erred in granting defendants’ motion for directed verdict against their claim for breach of contract. We agree as to plaintiffs’ claim against defendant Daniel Homes, Inc.

The dispositive question is whether plaintiffs waived their rights under the contract by moving into the residence prior to payment of the final installment due under the contract. Plaintiffs’ evidence was clearly sufficient for submission to the jury unless plaintiffs, as a matter of law, waived their rights under the contract.

Paragraph #9 of the 8 September Agreement provides:

9.…