GAITO v. AUMAN

No. 529A84.

327 S.E.2d 870 (1985)

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.

Supreme Court of North Carolina.

April 2, 1985.


Attorney(s) appearing for the Case

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

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


BRANCH, Chief Justice.

The question posed by this appeal is whether the Court of Appeals erred in affirming the judgment in favor of the plaintiffs on a theory of implied warranty of habitability. The majority concluded that a residential structure could be considered new for purposes of the implied warranty within the maximum applicable statute of limitations period. We reject this reasoning.

Although the majority...

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