Hershey v. Rich Rosen Construction Co.

817 P.2d 55 (1991)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
H
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Hershey v. Rich Rosen Construction Co.

Arizona Court of Appeals
817 P.2d 55 (1991)

Facts

Rich Rosen Construction Company (Rosen) (defendant) built a home and sold it in 1976. In 1986, James Hershey (plaintiff) was the third buyer to purchase the home. Before the purchase, Hershey performed his own inspection and did not find any unusual defects in the exterior stucco. About a year later, Hershey observed that the stucco was bulging, an issue that continued to worsen. Hershey hired building expert C. Randall Rushing to inspect the stucco. Rushing concluded that the stucco application was very poor and violated building codes. Thereafter, Hershey asked Rosen to repair the stucco, but Rosen refused. Hershey filed suit against Rosen, claiming breach of implied warranty. Rosen contended that Hershey’s claims were barred by the statute of limitations and by Hershey’s failure to make a reasonable inspection of the home before buying. Hershey and Rosen each filed a motion for summary judgment. At the hearing, Rushing testified that if the stucco had been properly applied, the stucco would have been reasonably expected to last from 30 to 50 years. The trial court went on to conclude that (1) the statute of limitations did not bar Hershey’s claim, (2) Hershey had performed a reasonable inspection of the home, and (3) Rosen had breached the implied warranty. The trial court entered judgment in Hershey’s favor. Rosen appealed.

Rule of Law

Issue

Holding and Reasoning (Jacobson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Commercial Law
Sales

Key Terms