McDonald v. Mianecki

The opinion of the court was delivered by

Pashman, J.

In this case, we are called upon to decide whether an implied warranty of workmanship and habitability arises upon the sale of a home by a builder-vendor, and, if so, whether potability of the water supply is included within the realm of warranted items. For the reasons given herein, we conclude that both questions must be answered in the affirmative. A further issue is raised regarding the plaintiff’s duty to mitigate damages.

I

Factual Background

In 1972 Joseph Mianecki, one of the defendants herein, placed a newspaper advertisement in which…