B&M HOMES, INC. V. HOGAN
376 So.2d 667 (1979)
NATURE OF THE CASE: This was a dispute over damages for a defective house.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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