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HUMBER v. MORTON

No. 7974.

448 S.W.2d 494 (1969)

Ernestine HUMBER, Appellant, v. Claude MORTON, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 8, 1969.

Attorney(s) appearing for the Case

J. R. Hollingsworth, Amarillo, for appellant.

Underwood, Wilson, Sutton, Heare & Berry and D. Barry Stone, Amarillo, for appellee.

JOY, Justice.

Suit by purchaser of new home against builder-seller for fire loss caused by allegedly defective fireplace. Judgment for defendant and plaintiff appeals. Trial court judgment affirmed.

Mrs. Humber purchased a new house from builder Morton on May 8, 1964. On September 20, 1964 Mrs. Humber built a fire in the fireplace of the house for the first time in the early part of the evening. Later that night, approximately 1:00 A.M., the house was damaged...

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