WORTHEY v. HOLMES

37908.

249 Ga. 104 (1982)

287 S.E.2d 9

WORTHEY et al. v. HOLMES et al.

Supreme Court of Georgia.

Rehearing Denied March 2, 1982.


Attorney(s) appearing for the Case

G. Robert Howard, for appellants.

James A. White, Jr., R. Kelly Raulerson, amicus curiae.

Hylton B. Dupree, Stephen C. Steele, Mark A. Johnson, for appellees.


JORDAN, Chief Justice.

We granted certiorari to determine whether or not the doctrines of merger by deed and caveat emptor should bar these homeowners' claim against their builder for breach of the building construction provisions of the written sales contract and their claim for negligent construction of the roof. The Court of Appeals reversed the judgment of the trial court that had dismissed the homeowners' complaint for failure to state a claim upon which relief...

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