Montgomery v. Engelhard

Brown, A.C.J.

¶ 1 Lisa Montgomery, Dwight Montgomery, and Peggy Montgomery (collectively the Montgomerys) *67appeal the summary judgment dismissal of their suit for breach of an implied warranty of habitability against Glen Engelhard, Jane Doe Engelhard, William Adams, Jane Doe Adams, and TB Adams Realty LLC (collectively Mr. Engelhard). The Montgomerys contend material questions of fact remain regarding whether Mr. Engelhard was regularly engaged in building, whether he had the home built for personal use or for sale, and whether the home was sold to the Montgomerys as a new house. We disagree,…