SMITH v. KENNEDY

No. 89-285.

798 P.2d 832 (1990)

Richard L. SMITH, d/b/a Wyoming Pools & Spas, Appellant (Defendant), v. David A. KENNEDY and Dawn E. Kennedy, husband and wife, Appellees (Plaintiffs).

Supreme Court of Wyoming.

October 10, 1990.


Attorney(s) appearing for the Case

Micheal K. Shoumaker, Sheridan, for appellant.

Dennis M. Kirven of Kirven and Kirven, Buffalo, for appellees.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.


MACY, Justice.

This is an appeal from a judgment entered pursuant to a jury verdict, awarding money damages for breach of a warranty to construct a swimming pool in a competent and workmanlike manner, and from a judgment of the district court, awarding attorney's fees.

We affirm in part and reverse in part.

The primary issue is whether a contractor, who installed an in-ground swimming pool and damaged its liner in the process, is liable to the owner...

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