CRAWLEY v. TERHUNE


437 S.W.2d 743 (1969)

Robert CRAWLEY, Sr., and Lillian Kerrick, Appellants, v. Dan TERHUNE and Joy E. Terhune, his wife, Appellees.

Court of Appeals of Kentucky.

February 14, 1969.


Attorney(s) appearing for the Case

James P. Hanrahan, Frankfort, for appellant Robert Crawley.

Robert T. Harrod, Frankfort, for appellant Lillian Kerrick.

Max M. Smith, Chancellor & Darnell, Frankfort, for appellees.


CULLEN, Commissioner.

Dan Terhune and wife purchased a new house from Robert Crawley, Sr., the builder-owner. Lillian Kerrick acted as broker in the sale. Several months after the Terhunes moved in they started to have trouble with water in the basement. Rain water came in through the walls and would not drain out.

The Terhunes sued both Crawley and Kerrick, predicating their claim against Crawley on breach of an implied warranty, and their claim against Kerrick...

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