Showing 41–47 of 47 results
...In an action for breach of implied warranty of habitability of a newly constructed home, the general rule for the measure of damages is whichever is lower, as between the cost of repair and the diminution of value. Crawford, v...
...Tenant alleged that he was withholding rent until necessary repairs were made to the house. He asserted as an affirmative defense and counterclaim that Landlord breached the implied warranty of habitability by failing to provide a premises fit for human...
...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...
[O]nce the trial court has determined that a fact question exists as to the breach of the covenants of habitability, that court will order the tenant to pay the rent to be withheld from the landlord into court ... and...
...We are not im*38pressed with this argument since any action for rents would meet an affirmative defense that the condition of the let premises was in substantial violation of the applicable housing code and not habitable during the tenancy...
Nothing in the Act indicates to us that the legislature intended it to be the exclusive remedy of tenants occupying sub-habitable premises. The statute authorizes only three limited remedies which courts are authorized to order: (1) the payment of...
...Baker, 569 S.W.2d 791, 796, et seq. (Mo.App.1978), a warranty of habitability case in the sale of a new home in which MAI 4.01 submitted a diminution in value theory. The jury did not follow...