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Lempke v. Dagenais

New Hampshire Supreme Court
547 A.2d 290 (1988)


Facts

In 1977, the owners of a house hired Dagenais (defendant) to build a garage. In 1978, the owners sold the house to the Lempkes (plaintiff). Shortly thereafter, the Lempkes noticed that the garage suffered from structural defects. They asked Dagenais to correct the problems, and although he initially agreed, he did not finish the job. The Lempkes then sued Dagenais for, among other things, breach of warranty of workmanlike quality. The trial court granted Dagenais’s motion to dismiss, citing Ellis v. Morris, 128 NH 358 (1986), in which the Supreme Court of New Hampshire declined to permit a subsequent purchaser of property to recover on an implied warranty theory. The Lempkes appealed.

Rule of Law

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Issue

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Holding and Reasoning (Thayer, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Souter, J.)

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