Legal Opinion
F & S Construction Company, an Arizona Corporation v. Emil Berube and Ellen Berube
Court of Appeals for the Tenth Circuit
Decided October 16, 1963No. 7130_1PublishedCited by 23 opinions
1Opinion of the Court
SETH, Circuit Judge.
The appellees filed an action for breach of warranty and for negligence against the appellant which had sold a lot and constructed a house for them. The case was heard by the court and judgment was given for the plaintiffs-appellees on the ground of breach of implied warranty of fitness, and this appeal has been taken.
The record shows that the contract between the parties stated in part that appellees had paid a certain sum as earnest money and part purchase price of “Block 51, Lot 21, of the Thornton Addition House Style 9CAE, as shown by plans, specifications and other…
2Cases cited5 opinions
- Elizabeth Margaret Dallison and Max Dallison v. Sears, Roebuck and Co., a CorporationCourt of Appeals for the Tenth Circuit · 1962
- Mitton v. Granite State Fire Ins. Co. Granite State Fire Ins. Co. v. MittonCourt of Appeals for the Tenth Circuit · 1952
- Cohen v. VivianSupreme Court of Colorado · 1960
- Denver Business Sales Company v. LewisSupreme Court of Colorado · 1961
- Oil Creek Gold Mining Co. v. Fairbanks, Morse & Co.Colorado Court of Appeals · 1903
3Cited by23 opinions
- Bethlahmy v. BechtelIdaho Supreme Court · 1966
- McDonald v. MianeckiSupreme Court of New Jersey · 1979
- Tavares v. HorstmanWyoming Supreme Court · 1975
- Temple Hoyne Buell v. Sears, Roebuck and Co., a New York CorporationCourt of Appeals for the Tenth Circuit · 1963
- Duncan v. Schuster-Graham Homes, Inc.Supreme Court of Colorado · 1978
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