Tuesday, December 24, 2013

Lempke v. Dagenais case brief

Lempke v. Dagenais case brief summary
547 A.2d 290 (1988)

CASE SYNOPSIS
Plaintiffs appealed from Strafford County (New Hampshire) which dismissed their complaint for breach of implied warranty of workmanlike quality and negligence.

CASE FACTS
Plaintiff's predecessors in title contracted with the defendant to build a garage. Shortly after plaintiff's bought the property, problems with the garage arose. They asked the defendant to repair it, but he did not. The plaintiffs then brought suit against the builder for breach of implied warranty of workmanlike quality and negligence. The builder brought a motion to dismiss and the trial court dismissed the plaintiff's complaint.

DISCUSSION

  • The court reversed the dismissal by the trial court, holding that privity of contract was not necessary for plaintiffs, as subsequent purchasers, to sue the builder or contractor under an implied warranty theory for latent defects which manifested themselves within a reasonable time after purchase and which caused economic harm.

CONCLUSION
The court reversed the dismissal of plaintiff's complaint, holding that privity of contract was not necessary for plaintiffs, as subsequent purchasers, to sue the builder or contractor under an implied warranty theory for latent defects which manifested themselves within a reasonable time after purchase and which caused economic harm.


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