Hartselle Real Estate & Ins. Co. v. Atkins

This is an appeal by Hartselle Real Estate and Insurance Co., Inc., a Corporation (defendant), from the judgment of the circuit court in favor of Gene R. Atkins and wife, Connie S. Atkins (plaintiffs), denying defendant's motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial.

Plaintiffs' complaint sought damages from the defendant alleging defective condition of a residential dwelling which the plaintiffs had purchased from defendant. A pre-trial hearing order limited the issues at trial to those evolving from count one of plaintiffs' complaint which proceeds…