B&M Homes, Inc. v. Hogan

376 So.2d 667 (1979)

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Nature of the Case

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Facts

Hogan (P) entered into a contract with B&M (D) to buy a lot and to construct a house on that lot. The agreed purchase price was $37,500. During the construction of the home, P discovered a hairline crack in the slab. D informed P that such cracks were common and that she should not worry about it. When the home was completed P got a warranty from D, and they moved into the house. After they moved in, they reported several defects in the house and repairmen were sent to fix them. After a couple of months, the crack in the slab widened and extended through the house causing severe damage. It seems that the slab could not be repaired. P sued D and the case was presented to the jury on two theories; one for breach of an implied covenant to build the home in a workmanlike manner and one for breach of an express warranty. In both counts, P sought damages for mental anguish. At the close of the trial, D moved to strike the allegations for mental distress. That motion was denied. The verdict was $75,000, and the highest appraisal of the house had it been built without a defect was $42,500. D objected to evidence that P was worried about their safety and that the structural defects might cause the house to leak gas and water and that they were forced to live in a defective house because they could not afford to move. D appealed.