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KAMINSZKY v. KUKUCH

No. 46A03-8905-CV-188.

553 N.E.2d 868 (1990)

Tibor KAMINSZKY and Judit Kaminszky, Appellants, v. Abel W. KUKUCH, Appellee.

Court of Appeals of Indiana, Third District.

May 7, 1990.

Attorney(s) appearing for the Case

Lowell E. Enslen, Gary K. Matthews, Enslen, Enslen & Matthews, Hammond, for appellants.

Paul A. Rake, Eichhorn, Eichhorn & Link, Hammond, for appellee.

STATON, Judge.

Judit and Tibor Kaminszky appeal from a negative judgment in favor of Abel W. Kukuch. They had sought to have the sale of a house rescinded for breach of an implied warranty of fitness for habitation.

The Kaminszkys present four issues which we consolidate and restate as:

1. Whether Kukuch, as seller, is liable for a breach of the implied warranty of fitness for habitation? 2. Whether Kukuch had a duty to disclose the presence...

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