Matusik v. Dorn

OPINION

HOWARD, Presiding Judge.

BACKGROUND AND FACTS

This is an appeal from the granting of a summary judgment. The issue here is whether the “discovery rule” applies to a breach of contract action against the builder of improvements to real estate. The facts, considered in the light most favorable to the appellants, show that on March 3, 1977, the appellants purchased a home built by appellee Michael Dorn, a general contractor. On or about October 10, 1982, Arizona Public Service Company entered the premises and “red tagged” all gas appliances and all gas lines leading into the house because…