VAUGHN v. BRUDER

No. KCD 27583.

539 S.W.2d 12 (1976)

John C. VAUGHN and Jaccolyn B. Vaughn, Appellants, v. Charles E. BRUDER, d/b/a Charles E. Bruder Construction Co., Respondent.

Missouri Court of Appeals, Kansas City District.

July 6, 1976.


Attorney(s) appearing for the Case

Louis Wagner, Kansas City, for appellants.

James S. Cottingham, Independence, for respondent.

Before PRITCHARD, C.J., and ELLIOTT, CONNETT and McFARLAND, Special Judges.


PER CURIAM:

In a trial to the court, appellants were awarded a judgment for $500.00 and costs, upon a theory not specifically pleaded, but obviously submitted to the court, of breach of an implied warranty of fitness for use arising out of faulty construction of a residence.

Appellants' sole claim is that the trial court erred in failing to consider cost of restoration of the home, its driveway and the depreciation in its value, which they say resulted in...

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