Blahd v. Richard B. Smith, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the house and the lot are the subject of the transaction and, therefore, constitute economic loss where the allegation is damage to the house from the settling foundation
• noting existence of the unique circumstances exception to the economic loss rule has never been applied
• noting no indication of reliance on representations or inducement of reliance
• “This Court later explained in another case that [in Tusch Enterprises] it considered the duplex itself, rather than its construction, to be the subject of the transaction.”
• the defendants raised the economic loss rule in defense against the plaintiffs’ negligence claim
• “The Blahds purchased the house and lot as an integrated whole. Like the leveled lot and duplex in Tusch Enterprises, the subject of the transaction in this case is both the lot and the house.”

Source: CourtListener parenthetical corpus (CC0).