William A. Swinney and Willian A. Swinney v. Walter L. Winters

Appellants, William A. Swinney and William A. Swinney, Inc., hereinafter called "Swinney," appeal from an adverse judgment awarding appellee, Walter L. Winters, Jr., hereinafter called "Winters," damages in the sum of $22,640.00 in a suit pertaining to the construction and sale of a house and lot by Swinney for Winters. Trial was to a jury who found, in answer to the only special issues submitted, (1) that Swinney had not completed the construction of the house in accordance with the plans and specifications on or about March 1, 1973; (2) that on or about March 1, 1973, subject only to such completion of construction, Winters was ready, willing, and able to close the deal as buyer of such residence and lot; (3) that the market value of the residence and lot on or about March 1, 1973 was $70,000.00.