Micalizzi v. Munger

The defendant, George Munger, is a builder. He accepted a $500 deposit from the plaintiffs to build a house on one of his lots according to their floor plan. When he had completed the house and rough-graded around it, the plaintiffs bought the house. This was in November of 1971. In January, 1973, they experienced water in the basement and this suit is a result of their dissatisfaction. They had no such problem the first winter and spring, but in 1972 had some fine grading done and a lawn put in.

The lower court heard the evidence and issued a judgment in favor of the defendants. Thereupon the…