eBook details
- Title: William O'Dell and Eileen O'Dell v. Custom
- Author : Supreme Court of Missouri En Banc
- Release Date : January 09, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Finch, J. Plaintiffs obtained a verdict and judgment against Custom Builders Corporation (CBC) for $19,000 for breach of an implied
warranty that house plans prepared for plaintiffs were fit for use in construction of a house on property owned by plaintiffs.
The asserted deficiency in the plans was that they failed to provide for needed piering to support footings on which foundation
walls were constructed, resulting in extensive settling, cracking, and other damage to plaintiffs' house. CBC appealed to
the Missouri Court of Appeals, St. Louis District, which affirmed. That court's opinion relied in part on a recent decision
of the Missouri Court of Appeals, Kansas City District, in a case subsequently transferred to this court for decision. We
ordered this case transferred and we now decide it as though here on direct appeal. Mo. Const., art. V, § 10. We
affirm.