Conklin v. Carriage Hill Ltd. Partnership

DANIEL T. K. HURLEY, Circuit Judge.

Final judgment: This case presents the question of whether newly constructed seawalls, built and sold as part of residential subdivision lots by a builder-developer, enjoy the protection of an implied warranty of fitness? For the reasons set forth herein, the question is answered in the affirmative.

This action consists of five cases which were consolidated for trial. In addition to the main actions, there are third party claims, cross-claims and counter-claims. The status of the parties and their respective claims are discussed below. From the testimony and…