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CLAY v. WALDEN JOINT VENTURE

No. 1910735.

611 So.2d 254 (1992)

Michael P. CLAY and Karen E. Clay v. WALDEN JOINT VENTURE.

Supreme Court of Alabama.

Rehearing Denied November 25, 1992.

Attorney(s) appearing for the Case

John W. Parker, Mobile, for appellants.

William M. Lyon, Jr. of McFadden, Lyon, Willoughby & Rouse, Mobile, for appellee.

STEAGALL, Justice.

In early February 1989, Michael P. Clay and Karen E. Clay purchased a new house in the Bentley Woods Subdivision in Mobile; on February 28, the house was severely damaged by a flood. On March 21, 1990, the Clays sued their realtor and the builder of the house, alleging negligence, fraud, misrepresentation, and breach of an implied warranty as to the new residence.1 In count five of their complaint, the Clays alleged...

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