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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

647 chars
Here, plaintiffs purchased them home, which was a “spec” home, already built by defendants with the septic system in place and approved by the Lincoln County Health Department. Therefore, in accordance with the principles set forth in Smith v. Old Warson Development Co., San Luis Trails Ass’n v. E.M. Harris Bldg. Co. Inc. and Trien v. Croasdale Const. Co. Inc., we find that the trial court erred in concluding that the state and county regulations stripped defendant builders of all decision making authority and thus blocked the enforcement of an implied warranty of habitability and fitness for contracted use as to a newly constructed house.