Allen v. Besse

The Plaintiffs sought damages from the Defendant contractor following the construction of a house on their land. The Plaintiffs complaint alleged that the soil beneath the foundation was inadequate to support the construction; and, that the Defendant had a duty to ascertain the capacity of the soil before commencing the erection of the house. It was also alleged in said complaint that such duty was breached in violation of his contract, or by reason of his negligence; or by breach of an applicable implied warranty. The Plaintiffs further charged that the Defendant misled them by a…