Taylor v. Lutz-Yelton Heating & Air Conditioning Corp.

HEDRICK, Judge.

The sole question presented on this appeal is whether the court erred in entering summary judgment for defendant. We hold that it did.

The plaintiff alleged and, through her deposition and affidavit, offered evidence tending to prove that she and her husband entered into a contract with the Lutz-Yelton Company in July 1974 whereby Lutz-Yelton was to replace the plaintiff’s “old type furnace” with a forced-air central heating system. The work involved removing the old furnace from underneath the house and installing a “larger, more horizontal furnace”, which, in turn, required…