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GAMBLE v. MAIN

No. 15390.

300 S.E.2d 110 (1983)

James Ronald GAMBLE, et al. v. Morris G. MAIN, etc.

Supreme Court of Appeals of West Virginia.

January 28, 1983.

Attorney(s) appearing for the Case

Russell Jay Guthrie, McCamic & McCamic, Wheeling, for appellants.

Marc B. Chernenko, Barnes, Watson, Cuomo, Hinerman & Fahey, Wellsburg, for appellee.

MILLER, Justice:

The plaintiffs, James and Elizabeth Gamble, appeal from a final order of the Circuit Court of Brooke County denying their motion for a new trial. They contend that the trial court erred in refusing to instruct the jury on the theory of implied warranty of habitability or fitness in their suit against the builder of their home. They also argue that the trial court erred in giving the builder's instruction regarding his nonliability for undisclosed...

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