Gamble v. Main

MILLER, Justice:

The plaintiffs, James and Elizabeth Gamble, appeal from a final order of the Circuit Court of Brooke County denying their motion for a new trial. They contend that the trial court erred in refusing to instruct the jury on the theory of implied warranty of habitability or fitness in their suit against the builder of their home. They also argue that the trial court erred in giving the builder’s instruction regarding his nonlia-bility for undisclosed defects in soil conditions.

Many of the facts are not in dispute. In the fall of 1976, the Gambles contacted several home…