Fisher v. Simon

There is no issue before us with respect to whether a builder-vendor is liable to his vendee on implied warranty for latent defects in the building due to faulty construction. This is because there has been no appeal from that portion of the circuit court’s order which sustained the demurrer to plaintiffs’ second cause of action grounded on implied warranty. The sole issue on this appeal is whether a cause of action exists in favor of a vendee against the builder-vendor of a building for alleged negligence in construction resulting in a latent defect where the damages are limited to the…