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ZIEBARTH v. SCHNIEDERS

Nos. 13968, 13972.

342 N.W.2d 234 (1984)

Steven J. ZIEBARTH and Kathryn A. Ziebarth, Plaintiffs and Appellees, v. Randy J. SCHNIEDERS, d/b/a Schnieders Construction Company, Defendant, Third-Party Plaintiff and Appellant, v. Darlene SCHNIEDERS, Third-Party Defendant and Appellee, and Hansen Bernard Excavating, a/k/a Bernard Hansen Excavating and Dick Gannon Construction, Inc., Third-Party Defendants.

Supreme Court of South Dakota.

Decided January 11, 1984.

Attorney(s) appearing for the Case

Jerome B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for plaintiffs and appellees Ziebarths.

Charles D. Gullickson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant, third-party plaintiff and appellant Randy J. Schnieders d/b/a/ Schnieders Const. Co.

Richard A. Johnson of Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, for third-party defendant and appellee Darlene Schnieders.

HOYT, Circuit Judge.

This is an appeal from a judgment entered against Randy Schnieders for alleged breach of express warranty of habitability. We reverse and remand.

Steven and Kathryn Ziebarth (Ziebarths) purchased a home for $36,500 from the Pierret heirs in October of 1977. The house had been built for speculation purposes on land that the heirs had inherited. Darlene Schnieders (Darlene), acting on behalf of the other heirs, contacted various contractors...

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