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WAWAK v. STEWART

No. 5-5016.

449 S.W.2d 922 (1970)

Billy J. WAWAK, Appellant, v. Robert O. STEWART et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 9, 1970.

Attorney(s) appearing for the Case

Tanner & Wallace, No. Little Rock, for appellant.

U. A. Gentry and Wright, Lindsey & Jennings, Little Rock, for appellees; Stubblefield & Matthews, Joe Purcell, Atty. Gen, Don Langston, Mike Wilson, Milton Lueken, Asst. Attys. Gen, Little Rock, as amicus curiae.

GEORGE ROSE SMITH, Justice.

The defendant-appellant Wawak, a house builder, bought a lot in North Little Rock in the course of his business, built a house on it, and sold it to the appellees Stewart for $28,500. The heating and air-conditioning ductwork had been embedded in the ground before the concrete-slab floor was poured above that ductwork. Some months after the Stewarts moved into the house a serious defect manifested itself, in that heavy rains caused water...

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