Terlinde v. Neely

Lewis, Chief Justice:

This 'action seeks damages for the alleged defective construction of a house. The complaint contains two causes of action, one for breach of implied warranty that the house was “merchantable,” and suitable and fit for its intended purpose, and the other for negligence, recklessness, and wilfulness in the construction of the house by respondents. The matter is here on appeal by the appellants-purchasers from an order by the trial court granting summary judgment in favor of the respondents-builders. The material facts are not in dispute and are taken from the Statement of…