Butler v. Creative Design Builders, Inc.

By JUDGE JAY T. SWETT

This matter is before the court on the plaintiffs’ motion for summary judgment against Steve A. Lloyd, t/a American Heating and Air Conditioning, Sears Contract Sales, and Jim Carpenter Co., Inc. At the July 2, 1991, hearing, the plaintiffs also moved for summary judgment against TriCity Insulation, Inc., in Chancery No. 4455. The court has consolidated the cases for purposes of resolving the plaintiffs’ motions. For the reasons stated herein, the plaintiffs’ motions for summary judgment are denied.

On December 21, 1989, plaintiffs entered into a construction contract with…