Stoney v. Franklin

By Judge D. Arthur Kelsey

The plaintiffs, Archie and Nancy Stoney, hired a contractor to build a house for them. Claiming that the contractor used defective building materials, the plaintiffs seek to impose liability on the manufacturers and assemblers of these building materials on negligence, constructive fraud, and implied warranty grounds. For the following reasons, the Court sustains the defendants’ demurrers to the negligence and constructive fraud claims and overrules die demurrers to the implied warranty claims.

The Motion for Judgment asserts that the plaintiffs entered into a…