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MC DONALD v. MIANECKI

159 N.J. Super. 1 (1978)

386 A.2d 1325

HENRY P. MC DONALD AND BARBARA MC DONALD, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. JOSEPH S. MIANECKI AND DELORES MIANECKI, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Mr. C. William Bowkley, Jr., argued the cause for the appellants (Messrs. Seeber & Bowkley, attorneys).

Mr. William R. Albrecht argued the cause for the respondents (Messrs. Schenck, Price, Smith & King, attorneys).

Before Judges FRITZ, BOTTER and ARD.

The opinion of the court was delivered by ARD, J.A.D.

This appeal involves an action by the purchasers of a new residential home against the builder-vendor. The primary issue presented is whether, under the circumstances of this case, the purchasers are entitled to bring such an action on the grounds of a breach of an implied warranty of fitness or habitability.

Defendants Mr. and Mrs. Mianecki (vendors), appeal...

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