JOHNSON V. HEALY
405 A.2d 54 (1978)
NATURE OF THE CASE: This was a dispute over the sale of a new home. Johnson (P),
purchaser, filed an action against Healy (D), builder-vendor, to recover damages for alleged
false representations and for negligence in connection with the sale and construction of a
house. D appealed a judgment for P and P cross appealed.
FACTS: Healy (D) built a new home and sold it to Johnson (P) in 1965. Between 1968 and
1971 the house settled and caused displacement to the foundation walls and substantial
damage to the sewer lines. P sued for misrepresentation and negligence. P inquired about the
quality of construction during the sales negotiations. D replied that the house was made of
the best material and he had built it and there was nothing wrong with it. The damage to the
home was from improper fill which had been placed on the lot beneath the building sometime
before D purchased the lot as a building lot in 1963. The trial court concluded that D had
made an express warranty. The trial court found for P on misrepresentation and for D on
negligence. Both parties appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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