Lincoln v. Pohly

FANNING, Justice.

Paul T. Pohly sued J. V. Lincoln for damages for the failure of Lincoln to construct and complete a house sold by Lincoln to Pohly with good workmanship and good materials. The suit was based upon and tried upon three theories; i. e., (1) misrepresentations made by appellant’s alleged agent Kaye before the purchase contract was executed on December 15, 1955; (2) misrepresentations of appellant Lincoln himself made before the conveyance of the property on January 13, 1956; and (3) breach of the implied warranty of Lincoln to construct and finish the house with good workmanship…