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TOWNES v. RUSTY ELLIS BUILDER, INC.

No. 2011-CA-00164-SCT.

98 So.3d 1046 (2012)

Andrew R. TOWNES, Jr. and Jan H. Townes v. RUSTY ELLIS BUILDER, INC.

Supreme Court of Mississippi.

October 4, 2012.

Attorney(s) appearing for the Case

Samuel C. Kelly , Jackson, Lindsey S. Wiseman , Columbus, Joseph T. Getz , attorneys for appellants.

Leann W. Nealey , Phil B. Abernethy , Ridgeland, attorneys for appellee.

Before WALLER, C.J., LAMAR and PIERCE, JJ.

LAMAR, Justice, for the Court:

¶ 1. This case involves a residence that the plaintiff homeowners allege contains "major structural defects." After discovering these defects and notifying the builder, the parties entered a "tolling agreement" to toll the applicable limitations period, so they could "engage in a review and analysis of the structural settlement issues to determine an agreed upon repair." After the builder refused to correct the defects, the plaintiffs...

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