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Defendant Forest City was the developer of a mixed use property in Stapleton. Forest City subdivided the land and sold the vacant lot at challenge to knowledgeable builder, Infinity. Infinity then built a residence and bought it to the plaintiff, Tad Rogers. After transferring into the home, Rogers came to believe that the water desk beneath the house along with calcite leaching from the street materials led to a buildup of calcite in the basis drain, making the basement uninhabitable and inflicting the sump pump to work time beyond regulation. Rogers sued Forest Metropolis on numerous theories, including breach of the guarantee of suitability. Specifically, Rogers alleged that Forest Metropolis impliedly warranted to him that his lot was appropriate for a home with a finished basement, when in reality it was not. He prevailed on this declare at the trial court docket degree.

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