Legal Opinion

Garcia v. Hynes & Howes Real Estate, Inc.

Appellate Court of Illinois

Decided June 26, 1975No. 74-319PublishedCited by 53 opinions

1Opinion of the CourtJustice Alloy

This is an appeal from an order of the Circuit Court of Rock Island County which dismissed the complaint of plaintiffs, Abel Garcia and Martha Garcia, for failure to state a cause of action, ostensibly on the ground that no implied warranty of habitability could arise from the contract for the sale of a new home, built by the seller, which was executed in 1970.

The complaint discloses that the Garcias contracted to buy a house from the builders, defendant Hynes & Howes Real Estate, Inc., in October of 1970. On January 25, 1974, plaintiffs filed the complaint in this cause, which, as amended,…

2Cases cited6 opinions

  1. Chicago Theological Seminary v. IllinoisSupreme Court of the United States · 1903
  2. Board of Directors of Chicago Theo. Seminary v. People ex rel. RaymondIllinois Supreme Court · 1901
  3. Weck v. A:M Sunrise Construction Co.Appellate Court of Illinois · 1962
  4. Hanavan v. DyeAppellate Court of Illinois · 1972
  5. Coutrakon v. AdamsAppellate Court of Illinois · 1963

1 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. People v. HarrisIllinois Supreme Court · 1988
  2. Gillen v. State Farm Mutual Automobile InsuranceIllinois Supreme Court · 2005
  3. Allstate Insurance Company, as Subrogee of Sam Lakhia v. Menards, IncorporatedCourt of Appeals for the Seventh Circuit · 2002
  4. State Farm Fire & Casualty Co. v. YapejianIllinois Supreme Court · 1992
  5. Petersen v. Hubschman Construction Co.Illinois Supreme Court · 1979

48 more not listed; retrieve them via the Exa API.

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