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CAPRA v. SMITH

78-38.

372 So.2d 321 (1979)

In re Ruth S. CAPRA v. Lindsey S. SMITH et al. Ex Parte Lindsey S. Smith et al.

Supreme Court of Alabama.

May 25, 1979.

Attorney(s) appearing for the Case

Samuel Maples, Birmingham, for petitioners.

Charles A. J. Beavers, Jr., Birmingham, for respondent.

FAULKNER, Justice.

Following a directed verdict in their favor the Smiths were awarded damages from Capra for breach of implied warranty of habitability. The Court of Civil Appeals reversed, holding it was a jury question whether or not Capra was a "builder-vendor" and therefore subject to the rule of Cochran v. Keeton, 287 Ala. 439, 252 So.2d 313 (1971). We granted certiorari. We reverse the Court of Civil Appeals and remand...

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