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COX v. CLARK

No. 21114.

949 S.W.2d 231 (1997)

William A. COX and Julie L. Cox, Plaintiffs-Appellants, v. Mark A. CLARK and Amy L. Clark, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied July 7, 1997.

Application to Transfer Denied August 19, 1997.

Attorney(s) appearing for the Case

John R. Lewis, Lewis & Moon, L.L.P., Springfield, for plaintiffs-appellants.

Ken D. Rogers, David C. Vaughn, Fredrick, Rogers & Vaughn, P.C., Springfield, for defendants-respondents.

SHRUM, Judge.

William and Julie Cox (Plaintiffs) appeal from a summary judgment denying their claims for damages arising out of their purchase of residential real estate from Mark and Amy Clark (Defendants).1 Count II of Plaintiffs' petition was based on allegations of a breach of an implied warranty of habitability.2

At issue on appeal is whether, considering the record before the trial court, there...

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