Gilmore v. Fifield

By Judge James H. Chamblin

This case came before the Court on April 4,2003, for argument on the Plea in Bar filed by the Defendant, Richard E. Fifield, t/a Fifield Design Construction, to the Motion for Judgment filed by the Plaintiffs, Michael Gilmore and Kathy Gilmore, alleging breach of contract and breach of warranty under a contract for the construction of a residence by Fifield for the Gilmores.

The Plea in Bar is overruled as hereinafter explained.

During argument, counsel agreed that for purposes of deciding the Plea in Bar, I could accept as true the facts as alleged in the Plea in Bar…