Hershewe v. Perkins

Edward and Gloria Perkins (“appellants”) appeal the judgment of the trial court which found them liable under the doctrine of implied warranty of quality and fitness for damages sustained to the retaining walls of Joseph G. Hershewe’s (“respondent”) home.

I. Factual and PROCEDURAL Background

Appellants sold a piece of land with a newly constructed home on it to respondent. The property had five retaining walls constructed upon the premises, which were built by appellants during the construction of the home.

A portion of one of the retaining walls in the respondent’s backyard collapsed.…