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B & M HOMES, INC. v. HOGAN

SC 1921, SC 1921-X and SC 1922.

347 So.2d 1331 (1977)

B & M HOMES, INC. v. Thomas J. HOGAN et al. Thomas J. HOGAN et al. v. B & M HOMES and Kenneth R. Morrow. Kenneth R. MORROW v. Thomas J. HOGAN et al.

Supreme Court of Alabama.

Rehearing Denied July 29, 1977.

Attorney(s) appearing for the Case

Irvin J. Langford of Howell, Johnston, Langford, Finkbohner & Lawler, Mobile, for Kenneth R. Morrow.

Ray G. Riley, Jr., of Tonsmeire, McFadden & Riley, Mobile, for B & M Homes, Inc.

Fred W. Killion, Jr., Mobile, for appellees and cross appellants.

FAULKNER, Justice.

This is an appeal and cross-appeal from a judgment for the buyers in a breach of contract and breach of express warranty action. We reverse and remand.

The Hogans agreed in writing to buy a lot and a house to be constructed on that lot like one they had seen elsewhere. The purchase price was $37,500 and the agreement was signed by Kenneth R. Morrow, the secretary of B & M Homes, Inc. While the house was being constructed, the Hogans...

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