Joswick v. Chesapeake Mobile Homes, Inc.

362 Md. 261, 765 A.2d 90 (2001)

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Joswick v. Chesapeake Mobile Homes, Inc.

Maryland Court of Appeals
362 Md. 261, 765 A.2d 90 (2001)

  • Written by Robert Cane, JD

Facts

Charles Joswick (plaintiff) purchased a mobile home from Chesapeake Mobile Homes, Incorporated (Chesapeake) (defendant) in 1988. Chesapeake sold the mobile home with an express limited warranty from the manufacturer, Brigadier Homes of North Carolina, Incorporated (Brigadier) (defendant) that the home would be free from substantial defects for one year from the date of delivery. In 1995, Joswick discovered that the roof was leaking due to improperly installed shingles. This defect was present in 1988 when the home was delivered. In 1997, Joswick filed suit for breach of warranty against Chesapeake, Brigadier, and the bank that financed the purchase of the mobile home. All three defendants filed motions for summary judgment separately based on the statute of limitations. All three motions were granted. Joswick appealed. The court of special appeals dismissed the claims against Chesapeake and the bank and affirmed the judgment of the trial court.

Rule of Law

Issue

Holding and Reasoning (Wilner, J.)

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