Clarke v. Cleckley

CAYTON, Chief Judge.

This case is before us for the second time. In the original action plaintiffs Cleckley sued Clarke for the cost of repairs to premises they had purchased from Clarke. The trial court found in favor of plaintiffs and defendant appealed to this court. We reversed the judgment and ordered a new trial.1 The second trial also resulted in judgment for plaintiffs and defendant Clarke again appeals.

The litigation arose from a sales contract whereby Clarke agreed to fix a leak in the roof of the premises, cracks in a wall, and to replace a wooden toilet seat. *617It developed that a…