Capra v. Smith

Following a directed verdict in their favor the Smiths were awarded damages from Capra for breach of implied warranty of habitability. The Court of Civil Appeals reversed, holding it was a jury question whether or not Capra was a "builder-vendor" and therefore subject to the rule of Cochran v. Keeton,287 Ala. 439, 252 So.2d 313 (1971). We granted certiorari. We reverse the Court of Civil Appeals and remand for further proceedings.

The facts of this case are set out in some detail in the opinion of the Court of Civil Appeals. Capra v. Smith, [MS August 23, 1978] 372 So.2d 317 (Ala.Civ.App.…