BARRETT v. JENKINS

No. 35101.

510 S.W.2d 805 (1974)

W. Raymond BARRETT et al., Respondents, v. Harold JENKINS, d/b/a Jenkins Construction Company, Appellant.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or Transfer Denied June 12, 1974.

Application to Transfer Denied July 22, 1974.


Attorney(s) appearing for the Case

Sullivan & Watkins, Clayton, for respondents.

Richard M. Stout, Kirkwood, for defendant.


Motion for Rehearing or Transfer to Supreme Court Denied June 12, 1974.

CLEMENS, Judge.

Plaintiff home-buyers sued defendant seller-contractor for damages from alleged construction defects. A jury awarded plaintiffs $10,000 and defendant appeals from the ensuing judgment. We reverse and remand.

The primary issue is plaintiffs' theory of recovery—did the court improperly submit plaintiffs' case on the theory of an implied warranty of fitness...

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