Kishmarton v. William Bailey Construction, Inc.

How courts have described this case

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

• recognizing the general rule that a plaintiff cannot obtain damages for emotional distress for breach of contract “unless the breach also caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result”
• adopting Second Restatement of Contracts and allowing emotional distress damages on a breach of contract claim only where the breach “‘caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result’”
• “We are confident that allowing emotional distress damages in breach-of-contract actions involving vendees and builder-vendors will not open the floodgates.”
• “We are confident that allowing emotional distress damages in breach-of-contract actions involving vendees and builder-vendors will not open the floodgates.”
• “[When t]he contract governs the warranty of good workmanship . . . the warranty of good workmanship arises from the contract. It can hardly be otherwise.”
• “[W]here the vendee and builder-vendor enter into an agreement for the future construction of a residence, the vendee’s claim for breach of an implied duty to construct the house in a workmanlike manner arises ex contractu.”

Source: CourtListener parenthetical corpus (CC0).