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VONHOLDT v. BARBA & BARBA CONST., INC.

No. 1-95-1311.

657 N.E.2d 1156 (1995)

276 Ill.App.3d 325

212 Ill.Dec. 811

John W. VONHOLDT, Jr., Plaintiff-Appellant, v. BARBA & BARBA CONSTRUCTION, INC., an Illinois corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

November 16, 1995.

Attorney(s) appearing for the Case

George E. Brogan, of counsel, Evergreen Park, for appellant.

Kenneth A. Swartz, Morton Grove (Gene A. Eich, of counsel), for appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

The plaintiff, John W. Vonholdt, Jr., appeals from an order of the circuit court dismissing his second-amended complaint which sought recovery against the defendant, Barba & Barba Construction, Inc., for breach of an implied warranty of habitability. In this appeal, the plaintiff invites this court to extend liability on an implied warranty of habitability theory beyond the builder-vendor of a new home...

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