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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)

Citation
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Parent Document
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Jurisdiction
Kentucky (state)
Effective Date
1994-10-27

Other Sections in This Document (62)

Full Text

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Whatever the legislature’s intent as to the public policy regarding privity in cases concerning U.C.C. sales or leases, the warranty of habitability as to workmanship and suitability of materials is a judicial creation in this state. In Crawley v. Terhune, Ky., 437 S.W.2d 743 (1969), this Court adopted this warranty as a common law principle. This judicial action was taken in response to a need which was not covered by any statute. Twenty-five years after the adoption of this judicial creation we are again confronted with a need.