Moxley v. Laramie Builders, Inc.

*737ROONEY, Justice,

specially concurring.

I concur with the majority of the court, but I express concern over the character of the broad language used in the first sentence of the fourth paragraph from the end of the majority opinion in which it is stated that “[t]he purpose of a warranty is to protect innocent purchasers and hold builders accountable for their work.” This may be, and is, one of the purposes of an implied warranty of fitness and it may be one of the purposes of express warranties. But, if such were the sole purpose of a warranty, as is here implied, the contractual aspect of the…