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GARCIA v. HYNES & HOWES REAL ESTATE, INC.

No. 74-319.

29 Ill. App.3d 479 (1975)

331 N.E.2d 634

ABEL GARCIA et al., Plaintiffs-Appellants, v. HYNES & HOWES REAL ESTATE, INC., Defendant-Appellee — (TERRY L. HENSON, Defendant.)

Appellate Court of Illinois — Third District.

June 26, 1975.

Attorney(s) appearing for the Case

Robert T. Park, of Rock Island, for appellants.

Shifley & Hora, of Davenport, for appellee.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Rock Island County which dismissed the complaint of plaintiffs, Abel Garcia and Martha Garcia, for failure to state a cause of action, ostensibly on the ground that no implied warranty of habitability could arise from the contract for the sale of a new home, built by the seller, which was executed in 1970.

The complaint...

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