Uploaded March 2025 | Updated September 2026, 2 weeks ago
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Bullington v. Palangio
Arkansas Supreme Court
45 S.W.3d 834 (2001)
In Bullington versus Palangio, we'll see whether implied warranties arise by operation of law to hold builders to a standard of fairness.
Jerry Bullington and Helen Palangio entered into a contract in which Bullington agreed to build Palangio's new house.
The contract held that Bullington would work in a timely manner without sacrificing quality.
The contract specifically stated that, quote, quality will not be sacrificed under any circumstances, unquote.
However, the contract didn't mention anything regarding implied warranties of habitability and proper construction.
After Bullington finished building Palangio's house, Palangio noticed many defects and less than satisfactory construction in the house. Palangio sued Bullington for negligence, breach of implied warranty, and breach of contract. The trial court found in favor of Palangio and awarded her nineteen thousand dollars of damages. Bullington appealed to the Arkansas Supreme Court, arguing that the contract between Palangio and Bullington waived any implied warranties.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Bullington v. Palangio
Arkansas Supreme Court
45 S.W.3d 834 (2001)
In Bullington versus Palangio, we'll see whether implied warranties arise by operation of law to hold builders to a standard of fairness.
Jerry Bullington and Helen Palangio entered into a contract in which Bullington agreed to build Palangio's new house.
The contract held that Bullington would work in a timely manner without sacrificing quality.
The contract specifically stated that, quote, quality will not be sacrificed under any circumstances, unquote.
However, the contract didn't mention anything regarding implied warranties of habitability and proper construction.
After Bullington finished building Palangio's house, Palangio noticed many defects and less than satisfactory construction in the house. Palangio sued Bullington for negligence, breach of implied warranty, and breach of contract. The trial court found in favor of Palangio and awarded her nineteen thousand dollars of damages. Bullington appealed to the Arkansas Supreme Court, arguing that the contract between Palangio and Bullington waived any implied warranties.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/bullington-v-palangio
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/bullington-v-palangio
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