Brown v. Battle

Hall, J. •

In 1949 appellee discovered that his home was infested with termites and requested appellant to inspect the property with the view of entering into • a contract for eradication of the termites. The inspection was made on December 2, 1949, when the property was found to be heavily infested. On December 5, 1949, the parties entered into a written contract by the terms of which appellant agreed “to eradicate termites from the structure” by the application of its chemicals and warranted that any additional application to insulate against attack of subterranean termites would be…