Sloat v. Matheny

Because I perceive no reason to carve out an exception to the doctrine of implied warranties of a builder-vendor, and because I believe that such an exception creates undue difficulties in application of the doctrine, I dissent.

Colorado is recognized as a leader in the development of the implied warranty rule. Note, The Doctrine of Caveat Emptor as Applied To Both The Leasing & Sale Of Real Property: The Need For Reappraisal & Reform, 2 Rutgers-Camden L.J. 120 (1970); Tavares v. Horstman, 542 P.2d 1275 (Wyo.1975). Until the 1950’s one who built and sold a home was protected by the doctrine of…