ELDEN v. SIMMONS

No. 52766.

631 P.2d 739 (1981)

Don R. ELDEN and Verna L. Elden, Appellants, v. Raymond R. SIMMONS, Bernice L. Simmons, Harry L. Riggs, and Acme Brick Company, Appellees.

Supreme Court of Oklahoma.

July 7, 1981.


Attorney(s) appearing for the Case

William J. Dale, Bartlesville, for appellants.

Byron D. Todd and John S. Denney, Tulsa, for appellees, Raymond R. Simmons and Bernice L. Simmons.

John R. Carle of Carle & Tanner, Claremore, for appellee, Harry L. Riggs.

William B. Selman of Rhodes, Hieronymus, Holloway & Wilson, Tulsa, for appellee, Acme Brick Co.


BARNES, Vice Chief Justice:

In this cause, we are asked to determine whether the Amended Petition filed by two homeowners, Don and Verna Elden, stated a cause of action against the builder of the home, Harry L. Riggs, and the supplier of bricks used in the home, Acme Brick Company. The action filed by the Eldens was filed in the District Court of Rogers County, Oklahoma. That court sustained the demurrers to the Amended Petition...

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