Luther v. Howland

DONALDSON, Chief Justice.

This is an action in negligence and breach of warranty for damages sustained by plaintiff following discovery of raw sewage beneath her home. On August 5, 1975, plaintiff cross-appellant Carmen Luther, then known as Carmen Darling, purchased a house and lot in Jerome, Idaho from defendant Development Enterprises, Ltd. Development Enterprises had subcontracted out most of the labor on the house and had subcontracted the plumbing work to defendant Vern Howland, a local plumber.

Plaintiff and her son moved into the house shortly before the closing date on the sale and…