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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

571 chars
Our Supreme Court, in Smith v. Old Warson Development Co., 479 S.W.2d 795 (Mo. banc 1972), departed from the strict rule of caveat emptor, holding that the original purchaser of a new home may recover from a builder-vendor for losses or damages stemming from latent structural defects. Id. at 799. The Court found that regardless of whether the latent defects in the new home resulted from the actions of the builder-vendor or an independent contractor is immaterial in connection with a complaint by a first purchaser based upon a theory of implied warranty. Id. at 800.