Kaniefski v. Kelly

DeFURIA, J.,

Plaintiffs, as buyers, entered into an agreement of sale to purchase a lot in Aston Township from defendant, builder-developer, who was to construct thereon a home similar to a completed sample.

Prior to the settlement date, buyers sent defendant a list of alleged deficiencies to be corrected, including the settling of the recreation room floor. In the written notice of deficiencies, buyers averred that the builder had agreed to replace the settling floor. Defendant replied by letter, and, as to the recreation floor, denied promising replacement, but added, . . if it is settling…