Wilhite v. Brownsville Concrete Co., Inc.

CRAWFORD, Judge.

This is a suit to recover damages for the allegedly faulty construction of a swimming pool filed by plaintiff, William R. Wilhite, against Brownsville Concrete Company, Inc., Jeff Hayes and Hoyte Hayes. The seventeen page complaint, although unduly verbose with detailed description of facts which are better left to proof, in general alleges that plaintiff accepted a proposal made by defendants to construct a swimming pool for plaintiff in a good, workmanlike manner. Plaintiff avers that the defendants breached the contract, breached the express warranty to perform the contract…