Fossum v. Poston

ROBERT M. PARKER, Retired Circuit Judge.

This is a suit on a contract.

The appellants sought to purchase a home from Jim Poston Homebuilders, Inc. They entered into a contract of sale on *117August 2,1979, in the sum of $57,000. The appellants desired a swimming pool. Po-ston advised that his company did not construct swimming pools. An agreement was made for the appellants to pay for the pool, that $5,000 would be added to the sales price of the house, and that the seller would refund the appellants the sum of $5,000. On August 3, 1979, a new sales contract was entered between the appellants and…