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GOODSPEED v. SHIPPEN

No. 38829.

303 P.3d 225 (2013)

William Shawn GOODSPEED and Shellee Beth Goodspeed, Plaintiffs-Respondents, v. Robert D. SHIPPEN and Jorja Shippen, Defendants-Appellants.

Supreme Court of Idaho, Idaho Falls, May 2013 Term.

June 25, 2013.

Attorney(s) appearing for the Case

Dunn Law Offices, PLLC, Rigby, for appellants. Robin D. Dunn argued.

Nelson Hall Parry Tucker, P.A., Idaho Falls, for respondents. Weston S. Davis argued.

HORTON, Justice.

Shawn and Shellee Goodspeed purchased a home from Robert and Jorja Shippen via warranty deed. After the basement of the home flooded, the Goodspeeds filed suit against the Shippens, alleging breach of the implied warranty of habitability. The district court denied the Goodspeeds' request for a jury instruction on the requirements for disclaiming the implied warranty of habitability and the case went to trial. The jury returned a verdict in favor of...

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