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Speight v. Walters Development Co., Ltd.

744 N.W.2d 108 (2008)

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Speight v. Walters Development Co., Ltd.

Iowa Supreme Court

744 N.W.2d 108 (2008)

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Facts

In 1995, Walters Development Co. Ltd. (Walters) (defendant), a builder-vendor, constructed a customized home for the original buyer. On August 1, 2000, Robert and Beverly Speight (plaintiffs) purchased the home. The Speights subsequently discovered water damage and mold caused by defective construction. The Speights sued Walters on May 23, 2005 for breach of implied warranty of workmanlike construction. Both parties moved for summary judgment. The district court ruled in favor of Walters, finding that, as subsequent purchasers of the home, the Speights could not bring an implied warranty claim. The district court also found that, even if the Speights could maintain an implied warranty claim, the statute of limitations would bar the claim.

Rule of Law

Issue

Holding and Reasoning (Larson, J.)

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