(DOWNLOAD) "Sam Hotchner and Sally Hotchner v. J. M." by Supreme Court of North Dakota * Book PDF Kindle ePub Free
eBook details
- Title: Sam Hotchner and Sally Hotchner v. J. M.
- Author : Supreme Court of North Dakota
- Release Date : January 20, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The respondents, husband and wife, brought this action against the appellant on the grounds that the residence which they purchased from appellant was not constructed in a clean, workmanlike manner as provided in the specifications, in that: (A) the footings were placed on ground having insufficient bearing resistance resulting in settling and cracking in the foundation, brickwork, and inside plaster; (B) the plastered walls, stone trim and bricks of the outer walls had cracked, shifted and become loosened and broken; (C) tiles on the kitchen floor had pulled apart; (D) the concrete floor in the basement and garage portions of the improvement had cracked, permitting water to come into the basement which did not remain dry for a period of a year after completion as guaranteed by the appellant; (E) the windows, doors, fireplace, concrete steps, walks and "other portions" of the house were faultily constructed; (F) the insulation specified was not furnished; and (G) the appellant failed to install a basement drain, failed to complete the installation of the heating and airconditioning unit, and used galvanized iron instead of copper flashing. It was further alleged in a separate paragraph of the petition that the appellant knew, or should have known, of the insufficient bearing resistance of the subsoil on which he caused the footings to be placed, and that this would cause the improvements to settle with resulting serious fractures in the walls of the building. Respondents prayed judgment by reason of breach of contract in the amount of Five Thousand Dollars ($5,000).