CONYERS v. MOLLOY

No. 14016.

50 Ill. App.3d 17 (1977)

364 N.E.2d 986

MARVIN R. CONYERS et al., Plaintiffs-Appellants, v. JOHN J. MOLLOY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed June 27, 1977.


Attorney(s) appearing for the Case

Geisler & Waks, of Decatur (Asher O. Geisler, of counsel), for appellants.

Downing, Smith, Jorgensen & Uhl, of Decatur (M.D. Jorgensen, of counsel), for appellee.


Reversed and remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

Does an implied warrant of habitability exist in Illinois?

If so — can it be waived?

Let us see.

Mr. and Mrs. Conyers purchased a house from Mr. Molloy, a builder. They alleged that — due to a lack of ventilation in the attic — water damage resulted in the house not being fit for habitation...

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