Christmas Lumber Co., Inc. v. Valiga

OPINION

D. MICHAEL SWINEY, J„

delivered the opinion of the court,

in which HERSCHEL P. FRANKS, J„ and CHARLES D. SUSANO, JR., J., joined.

After experiencing significant problems with the construction of a house he was having built, Robert E. Valiga (“Valiga”) sued Robert H. Waddell (“Waddell”) and John Graves (“Graves”) (collectively referred to as “Defendants”) seeking damages for the poor construction. Although the construction contract was between Va-liga and R.H. Waddell Construction, Inc., no corporate charter had been filed when the contract was signed. The Trial Court concluded Waddell and…