MAJOR v. ROZELL

No. 11770.

618 S.W.2d 293 (1981)

Joe MAJOR and Syble Major, Plaintiffs-Respondents, v. Burnice M. ROZELL, Defendant-Appellant, and Janice L. Rozell Newton Stropp, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

June 17, 1981.


Attorney(s) appearing for the Case

Bob J. Keeter, Jones, Keeter, Karchmer, Nelms & Sullivan, Springfield, for defendant-appellant.

James L. Eiffert, Ozark, for plaintiffs-respondents.


MAUS, Chief Judge.

This action had its origin in the sale of a new house by the plaintiffs to the defendants in March, 1976. The defendants gave their note to the plaintiffs as part of the purchase price. The defendants failed to pay that note according to its terms. The plaintiffs filed this action to recover upon the note. In turn, the defendant husband filed his counterclaim against the plaintiffs for damages based upon the breach of an "implied warranty of habitability...

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