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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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In 1986, in a schizophrenic decision which is Ellis v. Robert C. Morris, Inc., 128 N.H. 358, 513 A.2d 951 (1986), the New Hampshire Supreme Court refused to extend the warranty of habitability to persons not in privity with the builder. Two years later, in the well reasoned opinion that is Lempke v. Da-genais, the New Hampshire Supreme Court overturned its own precedent with only one dissenting vote. Today the majority opinion rationalizes its decision by blaming its inaction on the legislature. We can only hope that in the near future this Supreme Court will be presented with an opportunity to reconsider this decision. Times have changed, needs have changed, and this Court created *931law must change. I would affirm the decision of the Court of Appeals on all issues. REYNOLDS and SPAIN, JJ., join.