Helmer v. Hegidio

Quillian, Judge.

Appeal was taken in this case from the denial of the defendant’s motion for summary judgment which was originally denominated as a motion to dismiss.

The complaint as amended alleged that the plaintiff purchased a lot and house from the defendants (conveyance was by warranty deed); that after the plaintiffs moved in they discovered certain defects in the property, inter alia, with regard to the fireplace and to the basement waterproofing; that the defendants refused to repair the listed defects after due notice. It was further alleged that the defendants gave the plaintiffs a…