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HANEY v. PURCELL CO., INC.

No. C-7949.

770 S.W.2d 566 (1989)

Samuel E. HANEY and Judith Haney, Petitioners, v. PURCELL COMPANY, INC., Respondent.

Supreme Court of Texas.

May 24, 1989.

Attorney(s) appearing for the Case

Allen B. Daniels, Houston, for petitioners.

Timothy M. McDaniel, Charles R. Gregg, Houston, for respondent.

DOGGETT, Justice.

This appeal presents the issue of whether home buyers who discover human graves in the backyard of their residence are precluded from recovering damages based on negligence, fraud, breach of express warranty, breach of implied warranty of merchantability and violations of the Deceptive Trade Practices—Consumer Protection Act solely because the property had been abandoned as a cemetery. Samuel and Judith Haney brought suit against Purcell Company...

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