McNeely

Claremont Management Company, Inc., hereinafter referred to as the defendant, built a house which was purchased by M. B. McNeely and Frances J. McNeely, his wife, hereafter referred to as plaintiffs. The defendant gave plaintiffs a written warranty to the effect that the house had been constructed in substantial conformity with plans and specifications approved by the Federal Housing Commissioner. By its terms the warranty called for notice of breach to be given “within one year from the date of original conveyance of title to such Purchaser (s) or the date of initial occupancy of the dwelling, whichever first occurs: Provided further, however, That in the event the Purchaser (s) acquired title to the captioned property prior to the completion of construction of the dwelling thereon, such notice of nonconformity to the Warrantor may be given at any time or times within one year from the date of completion or initial occupancy of such dwelling, whichever first occurs.’’ The warranty also contained the following: “Notice io Purchaser-. Any Notice of Nonconformity Must be Delivered to the Warrantor No Later Than January 6, 1957. (Warrantor shall insert date one year from initial…