SIMS v. LEWIS

78-424.

374 So.2d 298 (1979)

Douglas H. SIMS and Clara Mae Sims v. Douglas H. LEWIS and Sue A. Lewis et al.

Supreme Court of Alabama.

August 24, 1979.


Attorney(s) appearing for the Case

Gary D. Porter and A. Holmes Whiddon, Mobile, for appellants.

John Earle Chason, Bay Minette, for appellees.


MADDOX, Justice.

This appeal involves the propriety of the trial court's granting a motion to dismiss a complaint in which the buyers of a new house alleged the breach of an implied warranty and fraud by the seller. The trial court's judgment was based on the ground that the action was barred by the statute of limitations and laches.

In their original complaint filed on May 11, 1978, the plaintiffs named as defendants the builder-vendor and several other defendants...

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