Charles E. Webster, et ux. v. The Estate of P. H. Dorris, et al.

Plaintiffs purchased a home from two of the Defendants; one defendant was the contractor whose construction company built the home and the other was his wife, who had marketed the home for sale. Before and after the closing, Plaintiffs identified several defects which they desired to have corrected; some defects were remedied while others were not. Plaintiffs brought suit and, following trial, the court awarded judgment for $2,000 in favor of Plaintiffs against the construction company for breach of contract and judgment for $40,184 against the estate of the contractor and the construction company for breach of warranty; the court held that the contractor’s wife was not liable for either judgment in her individual capacity. Plaintiffs appeal, asserting that contractor’s wife was liable as partner or joint venturer with the other Defendants for breach of contract and implied warranty of workmanship and that the court erred in its award of damages and in failing to award prejudgment interest. We modify and affirm the judgment.