Montgomery v. Chamberlain

ON MOTION FOR REHEARING

The trial court granted final judgment in favor of the appellees, Douglas Chamberlain and Amy Calfee Chamberlain, for breach of express and implied warranties by the appellants, Terry Montgomery and *235Howard Montgomery, concerning construction of the Chamberlains’ home. In holding Howard Montgomery liable for implied warranty claims, the trial judge relied on Gatwood v. McGee, 475 So.2d 720 (Fla. 1st DCA 1985), notwithstanding the fact that Howard Montgomery was not in privity of contract with the Chamberlains since the construction contract was signed solely by his son,…