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GEM HOMES, INC. v. CONTRERAS

No. 08-92-00239-CV.

861 S.W.2d 449 (1993)

GEM HOMES, INC., f/k/a Advantage Housing, Inc., Appellant, v. Osvaldo J. CONTRERAS, Indiv. and as n/f of Laura Ortiz Contreras, Juanita Contreras, Sandra Veronica Contreras, Martha Contreras and Osvaldo Contreras, Jr., Minors, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled September 29, 1993.

Attorney(s) appearing for the Case

Daniel L. Bates, Robert B. Wagstaff, Decker, Jones, McMackin, McClane, Hall & Bates, Fort Worth, for appellant.

Drew Mouton, Troyce G. Wolf, Bancroft, Mouton & Wolf, Big Spring, for appellees.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

LARSEN, Justice.

This appeal from a wrongful death judgment raises a question of first impression: does the seller of a used mobile home who delivers it to its destination have a legal duty to anchor it, or ensure that one certified by the State of Texas does so? We believe the legislature intended to impose such a duty, and that in this case the seller's failure to anchor the home was negligence...

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