WEYGANDT, C. J.
The nub of this controversy is the nature of the structure of the house involved in the transaction.
This is described as follows in one paragraph of the plaintiffs' petition:
"Wooden forms had been constructed with an opening about one foot in width and through such opening earth and clay had been poured into said forms and as a binding agent straw had been mixed therewith and after said material had been tamped the forms were removed...
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