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Kenneth Elliott and Marlys Havard Elliott v. Merlin Ziegmann, Sandra Ziegmann, and Gerald A. Bunders (In re Elliott)

Bankr. No.: 
97-40901
Adv. No.: 
98-4027
Chapter: 
7
Date of Decision: 
January 11, 1999
Issue: 
Whether Defendants-Sellers breached purchase agreement with Plaintiffs-Debtors in conveying restaurant equipment, heating and cooling system, and sewer system to Debtors that was not in a "good state of repair and working order."
Ruling: 
Evidence did not support Plaintiffs-Debtors' allegations and judgment was entered for Defendants-Sellers. Problems Debtors encountered with the equipment, heating and cooling system, and the sewer system were not out of the ordinary nor the result of neglectful maintenance by the Sellers.
Full Bankruptcy Court Decision: