Legal Opinion · Concurrence

Graham Const. Co., Inc. v. Earl

Supreme Court of Arkansas

Decided May 5, 2005No. 04-769Published

1ConcurrenceAnnabelle Clinton Imber, Justice

I agree with the majority’s disposition of the case, but write to expand on the second and third points on appeal. This appeal concerns the terms of an oral contract created between Graham Construction Company, Inc. and Roscoe Earl. As the majority opinion correctly concludes, the question on appeal is whether the trial court was correct in determining that Graham’s express warranty negates Earl’s implied warranty. Yet, the majority goes on to state that, in addition to the express warranty that the roof would not leak, Graham also created an implied warranty of sound workmanship and proper…

2Cases cited3 opinions

  1. Carter v. QuickSupreme Court of Arkansas · 1978
  2. Housing Authority v. E. W. Johnson Construction Co.Supreme Court of Arkansas · 1978
  3. Bullington v. PalangioSupreme Court of Arkansas · 2001

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