Hodges v. Gronvold

This is an appeal from a judgment of dismissal entered after the trial court granted defendants’ motion for a nonsuit at the close of plaintiffs’ case. The case was tried to the court sitting without a jury.

The facts may be briefly summarized as follows:

Defendants contracted to sell to the plaintiffs certain real estate and to construct thereon a duplex dwelling. The contract specified, among other things, that the duplex was to be “sound proof between apartments.”

In their amended complaint, plaintiffs alleged:

“IV. That defendants have failed and refused to fully perform the terms and…