Elden v. Simmons

How courts have described this case

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

• “the builder-vendor of a new home impliedly warrants that the new home is or will be completed in a workmanlike manner and is or will be reasonably fit for occupancy as a place of abode”
• “requirement of vertical privity, as a prerequisite to suit on an implied . . . warranty, both under the Uniform Commercial Code and outside the Code, is, given today’s market structure, an antiquated notion”
• Suit for damages resulting from cracking, buckling; implied warranty of habitability and workmanlike manner does not necessarily terminate upon transfer of title. Court analogized situation similar to the UCC and reasoned that buyers were in chain of title.

Source: CourtListener parenthetical corpus (CC0).