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CAPRA v. SMITH

Civ. 1389.

372 So.2d 317 (1978)

Ruth S. CAPRA v. Lindsey S. SMITH, Linda G. Smith, and Thomas Franklin Lowery.

Court of Civil Appeals of Alabama.

Rehearing Denied September 27, 1978.

Attorney(s) appearing for the Case

John F. DeBuys, Jr., of Odom, May & DeBuys, Birmingham, for appellant.

Douglas P. Corretti and David F. Ovson, Birmingham, for appellees, Lindsey S. Smith and Linda G. Smith.

R. O. Hughes, Birmingham, for appellee, Thomas Franklin Lowery.

WRIGHT, Presiding Judge.

This case involves the issue of implied warranty in the sale of real estate.

In 1972 Ms. Capra was a licensed real estate salesperson. Deciding to begin her own real estate brokerage business, she purchased a residential lot for the purpose of building a house and selling it to a member of the public. She knew Lowery, who had been buying lots and building houses thereon for sale. Capra had...

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