Sands v. R. G. McKelvey Building Co.

STEPHAN, Judge.

This suit arises from the construction of a home for Chester and Estella Sands in St. Peters, Missouri, by the R. G. McKelvey Building Company. Because the parties have filed cross appeals, they will be referred to as they appeared in the court below. Pursuant to a jury verdict plaintiffs Sands were awarded $3,000 in actual damages. For reasons hereinafter stated, we reverse and remand for a new trial.

Plaintiffs’ petition in the circuit court was in two counts. The first count alleged that defendant had breached an implied warranty of habitability in the sales contract by…