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BARNES v. MITZEL BUILDERS, INC.

Civ. No. 940158.

526 N.W.2d 244 (1995)

Terry L. BARNES and Nancy L. Barnes, Plaintiffs and Appellees v. MITZEL BUILDERS, INC., Defendant and Appellant and Dan Cashman, d/b/a Cashman Nursery, Defendant.

Supreme Court of North Dakota.

January 19, 1995.

Attorney(s) appearing for the Case

James L. Norris, P.C. (argued), Bismarck, for plaintiffs and appellees. Appearance by Terry L. Barnes.

Dean F. Bard (argued), Bismarck, for defendant and appellant Mitzel Builders, Inc. Appearance by LeeRoy Mitzel.

MESCHKE, Justice.

Mitzel Builders appeals from an order of the trial court denying its post-trial motions for judgment as a matter of law and for a new trial. We affirm.

Mitzel Builders, a builder of homes, completed construction of a "speculation home" (not for a specific buyer) in Bismarck in early 1990. On August 3, 1990, Terry and Nancy Barnes bought the home.

The home was built according to the Bismarck City Building Code, with a perimeter drain...

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