BAILEY v. MATTHEWS

No. 83-60.

649 S.W.2d 175 (1983)

279 Ark. 117

Jerry BAILEY, Appellant, v. Harold Gene MATTHEWS et ux., Appellees.

Supreme Court of Arkansas.

April 25, 1983.


Attorney(s) appearing for the Case

Holland & Todd by Michael E. Todd, Paragould, for appellant.

Ponder & Jarboe by Dick Jarboe, Walnut Ridge, for appellees.


HOLT, Justice.

Pursuant to a written contract, appellant built a home for the appellees. The undisputed evidence established that the concrete foundation was poured in water and mud. When the ground dried, the foundation cracked and the house settled, creating numerous other defects in the house. Appellees' house was repaired at a cost of approximately $19,000.

The appellees filed suit, initially on a theory of breach of an implied warranty that the house...

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