Gomes v. Ern-Roc Homes Inc.

Plaintiff is the present owner of premises

built by the defendant. Defendant sold the premises originally to Cedomir and Staka Sanj. Under the terms of the contract of sale dated October 30, 1968: “Seller [defendant] agrees to deliver guarantees from subcontractors or to deliver its own guarantees in lieu thereof for the * * * Roof against leakage due to defective materials and/or installation. ” This guarantee was “ to be for one year from the time of closing of title. ” And, “ in lieu of written guarantees, this clause shall survive delivery of deed for period of one year thereof. All…