BELL, Chief Judge.
The defendant's motion for summary judgment was denied and then certified for direct appeal. It is undisputed that Daniel Fuchs contracted to purchase a new home from the defendant, the owner and builder. Fuchs and his family moved into the house on March 1, 1969, prior to the final closing of the sale. The home at the time was practically completed. A concrete floor had not been poured in the front porch "stoop."
On March 11, 1969, defendant...
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