MILLER v. BAKKEN

No. WD 55060.

978 S.W.2d 518 (1998)

Donald MILLER and Francine Miller, Appellants, v. Orville M. BAKKEN and Steve Bakken, d/b/a Rayview Builders, Respondents.

Missouri Court of Appeals, Western District.

November 3, 1998.


Attorney(s) appearing for the Case

Judith A. Sharp, Liberty, for Appellants.

James H. Ensz, Kansas City, for Respondent Steve Bakken, d/b/a Rayview Builders.

Before SMART, P.J., and ELLIS and HOWARD, JJ.


HOWARD, Judge.

Donald and Francine Miller appeal the dismissal of their petition for breach of contract and breach of warranty. The Millers contend that the trial court erred by dismissing their petition as premature because they did not first give the builder an opportunity to correct the deficiencies in his work.

Reversed and remanded.

In December of 1991, the Millers noticed that the foundation of their house had settled. They contacted some contractors...

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