[Download] "Griffith v. Stout Remodeling" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Griffith v. Stout Remodeling
- Author : Supreme Court of Kansas
- Release Date : January 10, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is an action for damages for breach of a contract to repair a roof. Defendant's motion to dismiss the proceeding was sustained and plaintiff has appealed. The principal issues involve application of the doctrine of election of remedies and res judicata where a litigant has alleged both negligence and breach of warranty in the same incident. In April, 1969, a hailstorm in Hutchinson damaged the roof of the home of plaintiff Mary B. Griffith. Two days thereafter she entered into a written contract with defendant Stout Remodeling, Inc. whereby it agreed to put a new roof on plaintiff's home and in doing so to remove the old shingles from the roof prior to installation of the new one. Stout did the work on April 21, 1969, and on April 23, 1969, plaintiff paid the agreed price. Later plaintiff discovered that Stout had failed to remove the old shingles from the roof prior to installing the new one, with the result the roof leaked when heavy rain occurred and the interior structure of plaintiff's home as well as certain personal property in the house were damaged.