WAYNE — A Crum couple is suing CMH Homes Inc. alleging breach of contract on a manufactured home.
CMH Homes Inc. is doing business as Clayton Homes Tazewell Va.
CMII Manufacturing Inc. was also named as a defendant in the suit.
Lawrence Ratcliff and Donna F. Ratcliff contracted the defendants on a manufactured home on April 10, 2018, for a new 2018 Model manufactured home, according to a complaint filed in Wayne Circuit Court.
Prior to the sale of the home, Clayton Homes was aware of the plaintiffs' desire to install the home in Crum at a specific parcel of land, according to the suit.
The Ratcliffs claim Clayton Homes contracted with the plaintiffs on the home and when the home was installed on April 22, 2018, damages to the house became apparent as the result of the defendant's failure to properly deliver, design, construct and/or assemble the home.
"Despite efforts to obtain proper repairs of the home from Clayton Homes, without necessity of litigation, Clayton Homes, has utterly refused to take responsibility to repair the damages caused to the Plaintiff's home in accordance with the duties and responsibilities that each owed to the Plaintiffs," the complaint states.
The defendants were negligent and breached their contract with the plaintiffs, according to the suit.
The Ratcliffs claim the defendants' actions were a fraudulent inducement and caused them to enter into a contract to purchase the home.
The Ratcliffs are seeking compensatory damages with pre- and post-judgment interest. They are represented by Greg K. Smith and Barry C. Marcum of The Law Offices of Greg K. Smith of Williamson.
Wayne Circuit Court case number: 22-C-18