SMITH v. OLD WARSON DEVELOPMENT COMPANY

No. 57020.

479 S.W.2d 795 (1972)

Frank J. SMITH and Catherine M. Smith, Appellants, v. OLD WARSON DEVELOPMENT COMPANY, a Corporation, Respondent.

Supreme Court of Missouri, En Banc.

May 8, 1972.


Attorney(s) appearing for the Case

John F. Nangle, Clayton, for appellants.

Ludwig Mayer, Clayton, for respondent.


MORGAN, Judge.

We accepted transfer of this cause after the filing of an opinion by the Court of Appeals, St. Louis District, because the result reached therein evidenced a departure, although limited, from a strict application of the doctrine of caveat emptor. The court's reasoning was expressed in an opinion by Smith, J., which was as follows:

"This appeal presents squarely the question of whether implied warranties of merchantable quality and fitness exist...

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