Martin v. Springdale Stores, Inc.

This is an appeal by appellant-plaintiff from an order of the Circuit Court of Mobile County granting appellee-defendant's motion to dismiss plaintiff's claim. The trial court's order was bottomed on the premise that appellant's claim for damages for the breach of implied warranties failed to state a claim upon which relief could be granted under Alabama law.

The dispositive issue in this case is whether there is an implied warranty of habitability and fitness made by a lessor-landlord to a lessee-tenant by the act of renting residential property. If there is no such implied warranty, the…