Ware v. Christenberry

Holmes, J.:

Harry and Mary Ware, husband and wife, plaintiffs below, appeal from an order entered by the district court granting the defendants’ motion for summary judgment.

In March of 1968, appellants contracted with appellee, Mel Christenberry, a general building contractor, for the construction of a house. During the summer of 1968 excavation was done, the foundation laid and the house built at 2226 DeSousa Court, Topeka, Kansas. The filling and excavation work was performed by a subcontractor, appellee Herrman’s Excavating, Inc. Upon completion of the house and for over six years…