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Grignon v. Wechselberger

December 29, 1966

JOHN P. GRIGNON ET AL., CROSS-APPELLANTS,
v.
EMERY WECHSELBERGER ET AL., RESPONDENTS



Cross-appeals (appeal abandoned) from a judgment of the Superior Court for King County, No. 626653, Thomas G. Jordan, J., entered May 24, 1965.

Hill, J. Rosellini, C. J., Ott and Hale, JJ., and Barnett, J. Pro Tem., concur.

Author: Hill

The plaintiffs own a home which the defendants built for them. Shortly after the plaintiffs occupied the home numerous defects in construction were discovered; some represented failure to comply with the construction contract, others were caused by "bad and sloppy workmanship."*fn1

The trial court found that the amount necessary to correct all of the defects was $4,275; that the expenditure of that sum of money would put the home in the condition it would have been in if the defendants had complied with the contract; and that such repairs could be performed "without undue economic waste."*fn1

In addition, it was found that the plaintiffs had been forced to pay $112.32 for a bulldozer and operator to remove piles of dirt and grade a portion of the tract to channel water away from the house.

A judgment was entered having five numbered paragraphs:

1. A judgment was entered in favor of the plaintiffs and against the defendants in the sum of $4,400 with interest thereon at the rate of 6 per cent per annum until paid.

2. A judgment was entered in favor of the plaintiffs against another defendant, not a party to this appeal, and with which we are not concerned.

3. The plaintiffs were given a judgment for costs against all defendants.

4. The court "ordered" the plaintiffs and defendants,

[U]pon this judgment becoming final, to call for bids from three reputable builders who can be bonded, and if the amount of a good and ...


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