Crews v. Foster

RICHARD L. HOLMES, Retired Appellate Judge.

Kim Foster filed a complaint against Nancy Crews, alleging breach of contract and breach of an implied warranty in the sale of a new house. Crews filed an answer and a summary judgment motion, which was denied.

The case proceeded to a jury trial. The jury returned a verdict in favor of Foster in the amount of $35,000. The trial court entered a judgment on the verdict.

*1322Crews filed a motion for a new trial, which alleged the following, in pertinent part:

“The court erred in advising the [jury] in the court’s charge that the septic tank system [at Foster’s…