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PETERSEN v. HUBSCHMAN CONSTRUCTION CO.

No. 50206.

76 Ill.2d 31 (1979)

389 N.E.2d 1154

RAYMOND S. PETERSEN et al., Appellees, v. HUBSCHMAN CONSTRUCTION CO., INC., Appellant.

Supreme Court of Illinois.

Opinion filed May 18, 1979.

Attorney(s) appearing for the Case

Jerome H. Torshen, of Jerome H. Torshen, Ltd., of Chicago, and Paul Bernstein and Henry A. Waller, of Chicago, for appellant.

Stephen H. Katz, of Waukegan, for appellees.

Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

This case involves the dual issues of "implied warranty of habitability" and "substantial performance" as they apply to a contract of sale of a new home by a builder-vendor. The purchasers, Raymond S. Petersen and Delores E. Petersen, sued the builder-vendor, Hubschman Construction Company, Inc., in the circuit court of Lake County for the return of the $10,000 earnest money they had paid...

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