Pollard v. Saxe & Yolles Development Co.

Opinion

CLARK, J.

Plaintiffs appeal from judgment denying recovery for structural defects in apartment buildings purchased from defendants.

This case presents the issue whether the doctrine of implied warranties of quality and fitness — now applicable to the sale of goods and to some contracts for labor and material — should also apply to the sale of newly constructed real property.

In 1960 and 1961, defendants entered written agreements with a general contractor for the construction of five apartment buildings in San Jose.1 As each building was completed, defendants took possession, renting the…