JOHN H. ARMBRUSTER & CO. v. HAYDEN CO.—BUILDER DEVELOPER, INC.

No. 43472.

622 S.W.2d 704 (1981)

JOHN H. ARMBRUSTER & CO., a corporation, and JHA Investment, Inc., a corporation, Plaintiffs-Appellants, v. The HAYDEN COMPANY-BUILDER DEVELOPER, INC., a corporation, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

June 23, 1981.


Attorney(s) appearing for the Case

Robert C. Jones, Clayton, for plaintiffs-appellants.

Richard Bender, Clayton, for defendant-respondent.


CLEMENS, Senior Judge.

Corporate plaintiffs Armbruster and JHA were in turn the first and second buyers of a home built by defendant. They sued defendant for $20,000 damages, pleading the defendant had breached its implied warranty of fitness because the home was not skillfully built and is not habitable. The trial court properly dismissed the petition as to original buyer Armbruster on the ground it had conveyed the home...

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