Daniels v. Albert J. Corey Co.

This is an appeal on questions of law from a judgment entered upon a verdict of the jury for the plaintiff in the sum of $3,500.

On July 18, 1958, plaintiffs entered into a contract with the defendant for the construction of a residence on their vacant lot for the sum of $23,000. The construction of the residence was completed, and plaintiffs took occupancy on October 23, 1958, after payment of the full contract price. Within two weeks (thereafter a storm occurred, which resulted in extensive leaking from the roof. Repairs attempted by plaintiffs ’ insurance company failed to cure the defect,…