Russell v. Flynn

Carley, Chief Judge.

Prior to July 1, 1987, appellee-plaintiffs filed suit in magistrate court against appellant-defendant. In their statement of claim, appellees alleged that appellant, who had constructed their residence, was liable to them for breach of warranty. Subsequent to July 1, 1987, the magistrate court entered a $2,794 judgment in favor of appellees.

Appellant filed a de novo appeal to the superior court. Thereafter, appellees filed an amended statement of claim. Although the amended claim sounded in breach of warranty, it also alleged appellant’s breach of the construction contract…