BROWN v. HOME IMPROVEMENT WORLD LTD.

No. 48975.

692 S.W.2d 840 (1985)

Christopher and Linda BROWN, Respondents, v. HOME IMPROVEMENT WORLD, LTD., Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

June 18, 1985.


Attorney(s) appearing for the Case

Michael P. Shea, Bamberger, Shea & Kohl, St. Charles, for appellant.

Michael B. Stern, Stern, Pressman & Soule, Clayton, for respondents.


CLEMENS, Senior Judge.

The only issue here: When a concrete swimming pool installed by defendant-appellant floated out of its base, did the trial court err in giving damage instruction MAI 4.01 for plaintiffs and in refusing MAI 4.02 offered by defendant?

Given instruction MAI 4.01 covers damage to property that cannot be repaired; refused instruction MAI 4.02 covers damage to property that still has some value after repair. Both instructions had evidentiary...

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