Kevin R. Wagner and Peggy A. Wagner, v. Tabor Construction, Inc. and John Tabor, D/B/A Tabor Construction Company

The facts of this case are relative (sic) simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list items. Part of the work was compleed on the "punch list" items.