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DURANT v. SURETY HOMES CORP.

No. 77-2045.

582 F.2d 1081 (1978)

Wentworth T. DURANT, Jr., and Susan B. Durant, Plaintiffs-Appellees, v. SURETY HOMES CORPORATION, an Illinois Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1978.

Attorney(s) appearing for the Case

Robert Marks, Chicago, Ill., for defendant-appellant.

Robert W. Patterson, Michael M. Conway, Hopkins, Sutter, Mulroy, Davis & Cromartie, Chicago, Ill., for plaintiffs-appellees.

Before PELL, TONE and WOOD, Circuit Judges.

PELL, Circuit Judge.

In this diversity case, plaintiffs Wentworth T. Durant, Jr., and Susan B. Durant sued Surety Homes Corporation (Surety), claiming material defects in a new house sold to them by Surety and asserting liability on grounds of fraud, breach of express and implied warranties, and negligence in construction.1 At the trial of the cause, the jury returned a verdict finding liability of Surety for $70,000 actual damages and...

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