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JOHNSON v. SCANDIA ASSOCIATES, INC.

No. 06S01-9506-CV-785.

717 N.E.2d 24 (1999)

Terri J. JOHNSON, Appellant (Plaintiff Below), v. SCANDIA ASSOCIATES, INC., Oxford Management Company, Appellees, (Defendants Below).

Supreme Court of Indiana.

September 30, 1999.

Attorney(s) appearing for the Case

William T. Rosenbaum, Indianapolis, Indiana, Attorney for Appellant.

Andrew C. Charnstrom, Indianapolis, Indiana, Attorney for Amicus Curiae Apartment Association of Indiana, Inc.

Peter A. Schroeder, Indianapolis, Indiana, Attorney for Appellees.

SHEPARD, Chief Justice.

Some Indiana cases have recognized that a warranty of habitability may be implied in a residential lease, giving rise to damages for breach of contract upon appropriate proof. In this appeal, we recognize for the first time that such a warranty may be implied in some leases and explore the conditions under which it may be held to exist. Ultimately, we conclude that the claimant in this case has not demonstrated that a warranty was implied in...

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