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McDONALD v. MIANECKI

79 N.J. 275 (1979)

398 A.2d 1283

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

The Supreme Court of New Jersey.

Decided March 6, 1979.

Attorney(s) appearing for the Case

Mr. Morris M. Schnitzer argued the cause for appellants (Messrs. Schnitzer and Schnitzer, attorneys).

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

The opinion of the court was delivered by PASHMAN, J.

In this case, we are called upon to decide whether an implied warranty of workmanship and habitability arises upon the sale of a home by a builder-vendor, and, if so, whether potability of the water supply is included within the realm of warranted items. For the reasons given herein, we conclude that both questions must be answered in the affirmative. A further issue is...

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