Ferguson v. Alfred Schroeder Development Co.

GEORGE M. FLANIGAN, Special Judge.

Plaintiffs James S. Ferguson and Shirley M. Ferguson, husband and wife, brought this action against defendant Alfred *63Schroeder Development Company, based on structural defects in a new house which plaintiffs purchased from defendant, the builder-seller. A jury awarded plaintiffs $9,000 and defendant appeals from the ensuing judgment.

Defendant’s first point is that the petition is insufficient to state a claim upon which relief can be granted. Defendant’s second point is that the trial court erred in giving Instruction 5, plaintiffs’ verdict-directing…