B & M Homes, Inc. v. Hogan

376 So. 2d 667 (1979)

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B & M Homes, Inc. v. Hogan

Alabama Supreme Court
376 So. 2d 667 (1979)

JL

Facts

The Hogans (plaintiffs) entered into a contract with B & M Homes (defendant) for the construction of a new home. During construction, the Hogans noticed a crack in the concrete slab and alerted B & M. B & M’s agent stated that such cracks were common and told the Hogans not to worry. After construction was complete and the Hogans moved in, the crack in the slab caused significant damage, which could not be permanently repaired. The Hogans sued B & M, seeking contract damages and damages for mental anguish. B & M filed a motion requesting that the trial court strike the mental-anguish claim, but the trial court denied the motion. During the trial, the evidence showed the value of the house if constructed without defects would have been approximately $42,000. The jury awarded the Hogans $75,000 in damages. B & M appealed.

Rule of Law

Issue

Holding and Reasoning (Embry, J.)

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