[DOWNLOAD] "William R. Wilhite v. Brownsville Concrete" by Western Section, at Jackson Court of Appeals of Tennessee * Book PDF Kindle ePub Free
eBook details
- Title: William R. Wilhite v. Brownsville Concrete
- Author : Western Section, at Jackson Court of Appeals of Tennessee
- Release Date : January 06, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is a suit to recover damages for the allegedly faulty construction of a swimming pool filed by plaintiff, William R.
Wilhite, against Brownsville Concrete Company, Inc., Jeff Hayes and Hoyte Hayes. The seventeen page complaint, although unduly
verbose with detailed description of facts which are better left to proof, in general alleges that plaintiff accepted a proposal
made by defendants to construct a swimming pool for plaintiff in a good, workmanlike manner. Plaintiff avers that the defendants
breached the contract, breached the express warranty to perform the contract in a good workmanlike manner, and breached an
implied warranty of fitness for its intended use. The complaint seeks damages for costs incurred to correct the faulty construction,
for additional expense incurred to maintain the pool because of the faulty construction and for the loss of use of the pool. The defendants' answer joins issue on the material allegations of the complaint and further avers that the existing damage
to the swimming pool was caused by the intervening act of third parties.