McElroy v. Boise Cascade Corp.

OPINION

CONNER, Judge.

The decisive issue here is whether the proof at trial reflects that the defendant-appellant, Boise Cascade Corporation, 1 a manufacturer of pre-fabricated homes, negligently misrepresented that Will Cowart was a competent homebuilder to the plaintiff-appellee, Dr. David M. McElroy, so as to incur liability.

Dr. McElroy began making serious plans to build a home in early 1976. He first became interested in a Kingsberry home, a pre-fabricated line of houses sold by the defendant, after seeing a Boise Cascade advertisement in the February, 1976, issue of House Beautiful.…