Gosha v. Woller

LARSON, Justice.

These defendants appeal from a judgment entered against them in a suit by the buyers of a new home. They contend that the trial court based its decision on a theory not alleged in the pleadings and, in so doing, denied them an opportunity to present a defense to that theory. They request judgment in their favor or, in the alternative, reversal and remand for a new trial. We reverse the judgment of the trial court and remand the case with instructions.

The defendant Woller Construction Company began constructing a home with the intent of selling it. Shortly before completion,…