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Wawak v. Stewart

Supreme Court of Arkansas
449 S.W.2d 922 (1970)

Facts

Wawak (defendant), a builder-vendor, owned property in North Little Rock, Arkansas. Wawak built a house on the property and then sold it to the Stewarts (plaintiffs) for $28,500. Months after the Stewarts took possession of the house, they discovered that heavy rains caused water and debris to seep in and damage the house. The Stewarts sued Wawak, claiming Wawak was responsible for the damage. The Stewarts claimed the damage was a result of a defect in the house’s heating and air-conditioning ductwork. The damage could have been mitigated had the Stewarts installed an automatic pump, but they did not. The trial court agreed with the Stewarts, ruling that Wawak owed an implied warranty to the house’s first purchaser. The trial court ordered Wawak to pay the Stewarts $1,309 in damages. Wawak appealed.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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