Yepsen v. Burgess

O’CONNELL C. J.

Plaintiffs, purchasers of a new house built and sold to them by defendants, bring this action to recover damages allegedly incurred as the result of defendants’ breach of an implied warranty that the structure had been built in a proper and reasonably workmanlike manner and was fit for habitation. The trial court sustained defendants’ demurrer to the complaint and plaintiffs appeal.

According to plaintiffs’ complaint, defendant Sylvester Burgess is a “builder engaged in the occupation of building new homes.” It is alleged that on or about May 8,1972, defendants sold to…