Anthony v. Colby

On March 23, 1977, a fire of undetermined origin destroyed a building in which plaintiffs had leased space to operate a small food shop. They sought damages against the defendant-landlord claiming both negligence and a breach of warranty. Plaintiffs took a voluntary nonsuit as to the negligence count and now appeal the Superior Court’s (BfiClerico, J.) granting of the defendant’s motion to dismiss the breach of warranty count. We affirm.

The sole issue on appeal is whether the court erred in granting defendant’s motion on the grounds that “New Hampshire law recognizes no implied warranty of…