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Contracts Keyed to Fuller
B & M Homes, Inc. v. Hogan
Citation:
376 So. 2d 667 (1979)Facts
The Hogans entered into a written agreement to purchase both a lot and a house to be constructed on that lot for $37,500. Kenneth Morrow signed the agreement as seller without indicating he was acting as an agent for B & M Homes, Inc. During construction, Mrs. Hogan discovered a hairline crack in the concrete slab and informed Morrow, who dismissed her concerns. After the Hogans moved in, the crack widened and extended throughout the house, causing severe structural damage. The Hogans repeatedly notified Morrow of the issues, and while some cosmetic repairs were attempted, nothing was done to fix the underlying slab problem. Expert testimony indicated the slab probably could not be permanently repaired and that the defects seriously decreased the value of the house—one expert testified the defective slab made the house worthless. The Hogans presented evidence that they suffered mental anguish due to concerns about their safety, as they feared the structural defects might cause gas and water lines to burst, and they were financially unable to move from the defective house.
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