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CAROLINA WINDS OWNERS' ASSOC., INC. v. JOE HARDEN BUILDER, INC.

299 S.C. 224 (1988)

383 S.E.2d 463

CAROLINA WINDS OWNERS' ASSOCIATION, INC., Appellant v. JOE HARDEN BUILDER, INC., Baker Masonry, Inc., Grayco Steel, Inc., Richard E. Martin, AIA Associates, and United States Fidelity and Guaranty Company, Defendants, Of whom Joe Harden Builder, Inc., Baker Masonry, Inc., and United States Fidelity and Guaranty Company, are Respondents.

Court of Appeals of South Carolina.

November 30, 1988.

Attorney(s) appearing for the Case

John P. Henry and Emma Ruth Brittain of Thompson, Henry & Gwin, P.A., Conway, for appellant.

Michael W. Battle of Lovelace & Battle, John B. McCutcheon, Jr. of McCutcheon, McCutcheon & Baxter, Conway, Hubert J. Bell, Jr. of Smith, Currie & Hancock, J. Alexander Porter and Sidney R. Barrett, Jr. of Porter & Doster, Atlanta, Ga., Thomas E. Pederson, Charleston, and Dewitt T. Black, III of Black & Beil, Hilton Head Island, for respondents.

S.C. Trial Lawyers' Assn., J. Marvin Mullis, Columbia, amicus curiae.

Nov. 30, 1988.

ORDER ON REHEARING

Per Curiam:

We granted rehearing to reconsider two issues raised by the petition and also by the amicus curiae brief of the South Carolina Trial Lawyers' Association.

The first issue is whether a building contractor who builds a new residence but does not sell it to a home buyer should be liable on the implied warranty of habitability recognized in Rutledge v. Dodenhoff, 254...

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