Allen v. Reichert

1 Citing case

  1. Sarnicandro v. Lake Developers, Inc.

    55 N.J. Super. 475 (App. Div. 1959)   Cited 18 times
    In Sarnicandro, the plaintiff sued the present owner as well as the builder of a house for personal injuries when she fell in March 1958 on outside steps leading to the basement.

    The courts have also refused to hold a vendor liable on the theory that he impliedly warranted the premises to be in a safe condition, because there are no implied warranties of safety in sales of real estate, even though the vendor be the builder of the house where the defective condition exists. Otto v. Bolton Norris, 2 K.B. 46, 1 All Eng. 960; Kilmer v. White, 254 N.Y. 64, 171 N.E. 908 ( Ct. App. 1930); Combow v. Kansas City Ground Investment Co., above; Allen v. Reichert, 73 Ariz. 91, 237 P.2d 818 ( Sup. Ct. 1951); Berger v. Burkoff, 200 Md. 561, 92 A.2d 376 ( Ct. App. 1952); see 2 Harper and James, above, at pages 1518 and 1520; Levy v. C. Young Construction Co., Inc., 46 N.J. Super. 293, 296-297 ( App. Div. 1957), and authorities cited, affirmed 26 N.J. 330 (1958). There are some exceptions to the general rule just discussed.