Farny v. Bestfield Builders, Inc.

STIFTEL, President Judge.

Plaintiffs James F. and Doris 0. Farny appeal an award of the Court of Common Pleas allowing them $1.00 and costs for damage to trees on their residence property which occurred in the construction of their home. By a clause added to the contract of sale, defendant Bestfield Builders, Inc. assured Mr. and Mrs. Farny that all healthy trees would remain on the property consistent with the basement excavation. The trial Court found as a fact that three of the dead trees on plaintiffs’ property resulted from avoidable errors in the construction of the home. At the trial,…