Barnes v. Mitzel Builders, Inc.

MESCHKE, Justice.

Mitzel Builders appeals from an order of the trial court denying its post-trial motions for judgment as a matter of law and for a new trial. We affirm.

Mitzel Builders, a builder of homes, completed construction of a “speculation home” (not for a specific buyer) in Bismarck in early 1990. On August 3, 1990, Terry and Nancy Barnes bought the home.

The home was built according to the Bismarck City Building Code, with a perimeter drain tile system connected to a sump. A sump pump is not required under the Code, and none was installed. In August and September of 1990, the Barneses…