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Cummings v. Dusenbury
Illinois Appellate Court
129 Ill.App.3d 338, 472 N.E.2d 575 (1984)
Michael and Lori Cummings (plaintiffs) purchased a log home from Liph and Patricia Dusenbury (defendants) in 1982. The Dusenburys had built the log home in 1973 to 1974. The home had a log interior, and the walls were approximately two and a half inches thick. Prior to purchasing the home, the Cummings had their real estate agent ask the Dusenburys several questions, including whether the house was a year-round house. The agent took notes of the conversation and noted that the Dusenburys stated that the house was a year-round house. The Cummingses completed the purchase and moved into the home in August 1982. However, according to standards at the time the home was built, the log house was not suitable for living in full-time all year. After moving in, the Cummingses noted that the roof and windows leaked when it rained, and the walls dripped from condensation. The Cummingses sued the Dusenburys, alleging fraud and breach of the implied warranty of habitability. After a bench trial, the court ruled that the Cummingses were entitled to a rescission of the contract and damages, after subtracting an amount for rent for the period of time the Cummingses lived in the home. The Dusenburys appealed.
Rule of Law
Holding and Reasoning (Hopf, J.)
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