WILKINSON v. DWIGGINS

No. ED 80003.

80 S.W.3d 849 (2002)

Dennis R. WILKINSON and Cheryl A. Wilkinson, Plaintiffs/Appellants, v. Robert L. DWIGGINS and Judy Dwiggins, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

July 23, 2002.


Attorney(s) appearing for the Case

Patricia H. Thomas, UAW-GM Legal Services Plan, Lake St. Louis, MO, for Appellants.

William W. Cheeseman, Troy, MO, for Respondents.


PAUL J. SIMON, Judge.

Dennis R. Wilkinson and Cheryl A. Wilkinson, plaintiffs, appeal the portion of the judgment on their claim of Implied Warranty of Habitability and Fitness for Contracted Use (count II) of a newly built home regarding its septic system, entered in favor of defendants Judy Dwiggins and Robert L. Dwiggins, owners of B & B Construction Company. In its judgment, the trial court found in favor of defendants on count I, Breach of Contract, count...

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