Carson v. Canales

The plaintiffs sued the defendants for breach of implied warranty of habitability. After an ore tenus hearing, the trial judge rendered a judgment in favor of the plaintiffs. The defendants appeal and we affirm.

The dispositive issue is whether the evidence supports the trial court's action.

The record reveals the following: The defendants are in the business of constructing houses for the purpose of sale as new residences. One such house was located at 805 Edgewood in Sheffield, Alabama. In June 1978, the plaintiffs moved into the house and in August, 1978, they purchased the house. The…