Kavalaris v. Anthony Bros., Inc.

Plaintiff Harold C. Kavalaris sued appellant Anthony Bros., Inc., for negligent breach of contract to construct for him a swimming pool in his residence property. A few months after its completion the pool settled and cracked and leaked and had to be repaired and reconstructed to such an extent that the court awarded plaintiff damages in the sum of $7,847.33. Defendant appeals.

Its main contention, variously phrased, is that the evidence is insufficient to sustain the court’s findings of negligent breach of contract on defendant’s part. There is considerable conflict in the evidence but the…