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Morrow v. New Moon Homes, Inc.

548 P.2d 279 (1976)

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Morrow v. New Moon Homes, Inc.

Alaska Supreme Court

548 P.2d 279 (1976)

Facts

New Moon Homes, Inc. (New Moon) (defendant) manufactured mobile homes. Joseph and Nikki Morrow (plaintiffs) purchased a New Moon mobile home from a retailer named Golden Heart Mobile Homes (Golden Heart) (defendant). The Morrows experienced numerous problems with the mobile home, including severe trouble with the heating, electricity, plumbing, and roofing. The Morrows tried to get Golden Heart to help repair the mobile home, but Golden Heart was no help and soon went out of business. The Morrows sued New Moon and Golden Heart, alleging breach of the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The Morrows won a default judgment against the defunct retailer Golden Heart. However, the court dismissed the Morrows’ claim against the manufacturer New Moon because there was no privity of contract between the Morrows and New Moon. The Morrows appealed.

Rule of Law

Issue

Holding and Reasoning (Rabinowitz, C. J.)

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