LEMPKE V. DAGENAIS
130 N.H. 782, 547 A.2d 290 (1988)
NATURE OF THE CASE: Lempke (P) appealed from a decision, which dismissed their complaint
for breach of implied warranty of workmanlike quality and negligence.
FACTS: The original owners of a property contracted with Dagenais (D) to build a garage.
Lempke (P) bought the property six months later and found defects in the garage. P contended
that the separation of the trusses from the roof of the garage was a latent defect that
could not have been discovered until the separation and the bowing became noticeable. P
asked D to repair the defects. D agreed to repair the garage but D never completed the
repairs. P sued D for breach of implied warranty of unworkmanlike quality, negligence and
breach of assigned contract rights. The trial court dismissed P's action, holding that P did
not have privity of contract with D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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