H. B. Aubrey v. Eugene Helton Et Ux‪.‬

LIVINGSTON, Chief Justice. This is a suit on a written contract under which the appellant (defendant below) contracted to construct a dwelling house for the appellees. The complaint consisted of a single count and alleged, in substance, that the work was not done in a good and workmanlike manner as was provided for in the contract in that the septic tank did not meet the specified requirements of the Board of Health, the stub-out for the sewer was too low, no grease trap was provided, there were deep scratches in a swinging door, the closets were not properly finished, there was a hole in one wall, there was no access door to the bath tub plumbing, certain shoe strips were not varnished, there were deep ruts in the yard, certain siding was not properly attached to the wall, the base boards were not properly varnished, the doors had not been sanded, and certain of them did not fit properly, and a tree had been pulled down in the yard and left there. The complaint was amended by adding that the fireplace and chimney were improperly constructed, and by striking an allegation concerning the threshold between the hall and living room. The appellant entered a plea of not guilty, and also a plea denying, generally, all the allegations of the complaint. The cause was tried to a jury in the Circuit Court of Mobile County, Alabama, and the jury returned a verdict in favor of the plaintiffs-appellees in the amount of $1200. Judgment was entered accordingly.