Defendant, pursuant to an oral agreement, constructed a fireplace and chimney at plaintiff's home. The construction was completed in May of 1974 and plaintiff was satisfied with the physical appearance of the work. Plaintiff maintained, however, that when a fire was lit in the fireplace, smoke backed up into the house. In September of 1975, the instant action was commenced, alleging defective construction. After a trial without a jury, the court granted judgment in favor...
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