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MOBLEY v. COPELAND

No. 17573.

828 S.W.2d 717 (1992)

Gilbert L. MOBLEY, Plaintiff-Appellant, v. Donald D. COPELAND and Jan L. Copeland, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

April 20, 1992.

Attorney(s) appearing for the Case

Stephen L. Shepard, Shepard & Rahmayer, Springfield, for plaintiff-appellant.

Warren S. Stafford, Kevin M. FitzGerald, Taylor, Stafford, Woody, Cowherd & Clithero, Springfield, for defendants-respondents.

SHRUM, Presiding Judge.

The plaintiff, Gilbert L. Mobley, appeals from a summary judgment denying his claims for damages arising out of his purchase of residential real estate from the defendants Donald D. Copeland and Jan L. Copeland. Count I of the plaintiff's petition was based on allegations of fraud; Count III on allegations of a breach of an implied warranty of habitability.1

At issue on appeal is whether, considering the...

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