Alberti v. Manufactured Homes, Inc.

Caley Alberti and Linda Alberti (plaintiffs) sought to buy a mobile home from Manufactured Homes, Inc., doing business as AAA Mobile Homes (AAA Mobile) (defendant). The Albertis were particularly concerned about ensuring that any mobile home they purchased had plywood flooring instead of particle-board flooring due to plywood flooring being sturdier and more waterproof. AAA Mobile assured the Albertis that the mobile home they were looking to purchase contained plywood flooring. AAA Mobile made this representation based the mobile home’s manufacturer—Brigadier Homes, Inc. (defendant)—having previously told AAA Mobile the same thing via an oral statement. Believing the mobile home to have plywood flooring, the Albertis bought the mobile home from AAA Mobile. Brigadier Homes made this representation in the hopes of inducing potential customers to buy the mobile home. There was no privity of contract between the Albertis and Brigadier Homes. After the sale, the Albertis discovered that the mobile home did not, in fact, have plywood flooring but rather particle-board flooring, and that there were numerous defects as a result of this. Consequently, the Albertis attempted to revoke acceptance of the mobile home against not only AAA Mobile but Brigadier Homes as well. The Albertis brought suit against both AAA Mobile and Brigadier Homes. The Albertis settled with AAA Mobile, but they sought both to enforce their revocation of acceptance against Brigadier Homes and to recover damages against Brigadier Homes for breach of express warranty. The trial court entered judgment in favor of the Albertis on both matters, but the court of appeals reversed on these matters, holding that, due to no privity of contract, the Albertis could neither enforce their revocation of acceptance against Brigadier Homes nor recover damages against it for its breach of express warranty.