Coutrakon v. Adams

Plaintiffs purchased a home from the defendant-builders. Subsequently fires occurred on January 6 and 10, 1954, the latter resulting in practically a complete loss. Judgment was entered on two jury verdicts for $23,902.08 and on appeal the Appellate Court, Third District, reversed. (Coutrakon v. Adams, 39 Ill. App. 2d 290.) We granted leave to appeal because the case appeared to involve the question of whether there is an implied warranty that a house not wholly completed at the time of sale must be safe and fit for human habitation.

Defendants, who are contractors, pooled their efforts and…