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SEDLMAJER v. JONES

No. 12316.

275 N.W.2d 631 (1979)

Paul SEDLMAJER and Linda Sedlmajer, Plaintiffs and Respondents, v. L. E. JONES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 22, 1979.

Attorney(s) appearing for the Case

J. M. Grossenburg of Day & Grossenburg, Winner, for plaintiffs and respondents.

Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, for defendant and appellant.

PER CURIAM.

This case involves the alleged breach of an implied warranty of habitability in the construction of a house. We held in Waggoner v. Midwestern Development, Inc., 83 S.D. 57, 154 N.W.2d 803 (1967) that: "[W]here in the sale of a new house the vendor is also the builder of houses for sale there is an implied warranty of reasonable workmanship and habitability surviving the delivery of the deed." The builder is not...

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