B & M HOMES, INC. v. Hogan

This is an appeal and cross-appeal from a judgment for the buyers in a breach of contract and breach of express warranty action. We reverse and remand.

The Hogans agreed in writing to buy a lot and a house to be constructed on that lot like one they had seen elsewhere. The purchase price was $37,500 and the agreement was signed by Kenneth R. Morrow, the secretary of B M Homes, Inc. While the house was being constructed, the Hogans noticed a crack in the slab and told Morrow who said they should not worry about it. Later the Hogans also found and notified him of other discrepancies and…