Bullington v. Palangio

45 S.W.3d 834 (2001)

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Bullington v. Palangio

Arkansas Supreme Court
45 S.W.3d 834 (2001)

Facts

Jerry Bullington (defendant) and Helen Palangio (plaintiff) entered into a contract for the construction of Palangio’s new house. The contract specified that Bullington was “not to sacrifice quality under any circumstances.” The contract said nothing about implied warranties of habitability and proper construction. After the house was built, Palangio noticed many examples of unsatisfactory workmanship. Palangio sued Bullington for negligence, breach of contract, and breach of the implied warranties of habitability and proper construction. The trial court entered judgment in accordance with the jury’s verdict for Palangio. Bullington appealed to the Arkansas Supreme Court, where he argued that the trial court erred in not finding, as a matter of law, that the contract waived any implied warranties.

Rule of Law

Issue

Holding and Reasoning (Thornton, J.)

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