GAITO v. AUMAN

No. 8320DC500.

318 S.E.2d 555 (1984)

Sam GAITO and wife, Eleanor H. Gaito v. Howard Frank AUMAN, Jr. v. Alvin LeGRAND, individually and d/b/a Alvin LeGrand Plumbing and Heating.

Court of Appeals of North Carolina.

August 21, 1984.


Attorney(s) appearing for the Case

Brown, Holshouser & Pate by G. Les Burke, Southern Pines, for defendant-appellant.

Pollock, Fullenwider, Cunningham & Patterson, P.A. by Bruce T. Cunningham, Jr., Southern Pines, for plaintiffs-appellees.


JOHNSON, Judge.

This appeal presents a question of first impression arising out of the doctrine of implied warranty of habitability in the sale of a new dwelling. That is, whether a residential structure which is approximately four and a half years old at the time of the sale from the builder-vendor to the initial purchaser may be considered to be a "new dwelling" for implied warranty purposes. For the reasons set forth below, we conclude that a residential structure...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases