Legal Opinion

Bolkum v. Staab

Supreme Court of Vermont

Decided October 7, 1975No. 196-73PublishedCited by 37 opinions

1Opinion of the CourtLarrow, J.

The Washington County (now Superior) Court, after trial by court, entered findings of fact and a judgment order awarding plaintiffs damages for defective construction items in a dwelling house sold them by the defendants. Both parties have appealed.

The defendants claim, in substance, that the implied warranty against structural defects in the sale of a newly constructed house by the builder-vendor, first accepted by the Court as the current concept in Rothberg v. Olenik, 128 Vt. 295, 262 A.2d 461 (1970), should not apply where the seller is not the builder and does not “control” the builder.…

2Cases cited8 opinions

  1. Humber v. MortonTexas Supreme Court · 1968
  2. Smith v. Old Warson Development CompanySupreme Court of Missouri · 1972
  3. Rothberg v. OlenikSupreme Court of Vermont · 1970
  4. Bean v. Sears, Roebuck & CompanySupreme Court of Vermont · 1971
  5. Berlin Development Corp. v. Vermont Structural Steel Corp.Supreme Court of Vermont · 1968

3 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. McDonald v. MianeckiSupreme Court of New Jersey · 1979
  2. Association of Apartment Owners of Newtown Meadows Ex Rel. Board of Directors v. Venture 15, Inc.Hawaii Supreme Court · 2007
  3. Tassan v. United Development Co.Appellate Court of Illinois · 1980
  4. Klos v. GockelWashington Supreme Court · 1976
  5. Berman v. Watergate West, Inc.District of Columbia Court of Appeals · 1978

32 more not listed; retrieve them via the Exa API.

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