Brickell v. Collins

CLARK, Judge.

Defendant sold a newly completed house and lot to plaintiff. In so doing he impliedly warranted to her that at the time of passing the deed the dwelling, together with all the fixtures, was substantially free from major structural defects and was constructed in a workmanlike manner. See Griffin v. Wheeler-Leonard & Co., 290 N.C. 185, 225 S.E. 2d 557 (1976); Hartley v. Ballou, 286 N.C. 51, 209 S.E. 2d 776 (1974); 13 Strong’s N.C. Index 3d Vendor & Purchaser § 6.1 (1978).

Clearly, the plaintiff has alleged and offered evidence tending to show a breach of implied warranty. However,…