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This section contains the nature of the case and procedural background.

The original owners of a property contracted with Dagenais (D) to build a garage. Lempke (P) bought the property six months later and found defects in the garage. P contended that the separation of the trusses from the roof of the garage was a latent defect that could not have been discovered until the separation and the bowing became noticeable. P asked D to repair the defects. D agreed to repair the garage, but D never completed the repairs. P sued D for breach of implied warranty of unworkmanlike quality, negligence and breach of assigned contract rights. The trial court dismissed P's action, holding that P did not have privity of contract with D. P appealed.

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