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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wilkinson v. Dwiggins, 80 S.W.3d 849 (2002)

Citation
Wilkinson v. Dwiggins, 80 S.W.3d 849 (2002)
Parent Document
Wilkinson v. Dwiggins, 80 S.W.3d 849 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-07-23

Full Text

1,042 chars
PAUL J. SIMON, Judge.
Dennis R. Wilkinson and Cheryl A. Wilkinson, plaintiffs, appeal the portion of the judgment on their claim of Implied Warranty of Habitability and Fitness for Contracted Use (count II) of a newly built home regarding its septic system, entered in favor of defendants Judy Dwiggins and Robert L. Dwiggins, owners of B & B Construction Company. In its judgment, the trial court found in favor of defendants on count I, Breach of Contract, count III, Negligence and count IV, Misrepresentation. Regarding count II, the trial court found in favor of plaintiffs against defendant, Robert Dwiggins, and in favor of defendant, Judy Dwiggins, for Breach of Implied Warranty for $150 for repair of a wall crack plus $500 for a chimney extension, and, as to the septic system, the trial court found in favor of the defendants. Plaintiffs’ appeal in this non-jury trial is directed solely to the trial court’s judgment in favor of the defendants as to the septic system. Judgment affirmed in part and reversed and remanded in part.