CTRY. SQUIRE HOME. ASS'N v. CREST HILL DEV. CORP.

No. 3-86-0034.

150 Ill. App.3d 30 (1986)

501 N.E.2d 794

COUNTRY SQUIRE HOMEOWNERS ASSOCIATION, Plaintiff-Appellee, v. CREST HILL DEVELOPMENT CORPORATION, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed November 21, 1986.


Attorney(s) appearing for the Case

Timothy J. Rathbun, of Joliet, for appellant.

Scott Belford, of Joliet (Daniel Koehl, of counsel), for appellee.


Judgment reversed.

JUSTICE BARRY delivered the opinion of the court:

Plaintiff Country Squire Homeowners Association, a townhouse homeowners organization, brought suit against defendant Crest Hill Development Corporation, the builder/developer, for damages allegedly resulting from a breach of the implied warranty of habitability. In a motion for summary judgment, defendant asserted that this cause was barred by a disclaimer in the sales contract. The trial...

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