Luxurious Swimming Pools, Inc. v. Tepe

On July 27,1966, Elmer H. Tepe contracted with Luxurious Swimming Pools, Inc. for the construction of a porcelainized steel wall pool in his backyard. The actual installation of the pool was begun on April 10,1967. Within one or two days after the finished pool was filled with water, an eight foot crack was noticed in its concrete bottom. Tepe’s testimony indicates that two additional cracks, of nine and twenty-three feet in length, developed between May and July of 1967. In 1967 and 1968, the pool also sank two and one-half inches in its southeast corner. The pool developed additional water…