Wetzstein v. Hemstreet

Plaintiffs purchased an unfinished home on 20 acres from the defendant builder. The agreement provided that defendant would complete the house as to work enumerated in exhibits attached thereto. The agreement also provided, "spring well flow to be not less than 5 gallon[s] per minute” and "buyer to give sixty (60) days notice prior to occupancy to permit seller to complete home.”

Plaintiffs’ complaint seeks damages for the reasonable cost of completing the residence and for the alleged breach of warranty with reference to the water supply.

The trial court, sitting without a jury, found "the…