LATO v. CONCORD HOMES, INC.

No. 46909.

659 S.W.2d 593 (1983)

Angelo J. LATO and Anne J. Lato, Plaintiffs-Appellants, v. CONCORD HOMES, INC., d/b/a Fischer & Frichtel, Inc., and d/b/a Fischer & Frichtel Construction Company, Inc., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 11, 1983.


Attorney(s) appearing for the Case

Elmer V.A. Bayer, St. Louis, for plaintiffs-appellants.

Mark G. Zellmer, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for defendant-respondent.


GAERTNER, Judge.

On April 23, 1968 appellants entered into a contract with respondents for the purchase of a newly constructed home. Occupancy commenced on May 28, 1968. Appellants allege that within a few months thereafter, they began to sustain damage by reason of a stopped up lateral sanitary sewer line which was constructed with an inadequate pitch or degree of fall. They further allege that this condition continues to exist resulting in continuing intermittent...

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