LUTHER v. HOWLAND

No. 13208.

613 P.2d 666 (1980)

101 Idaho 373

Carmen L. LUTHER and Michael Luther, a minor who sues by his next friend, Carmen L. Luther, Plaintiffs-Respondents and Cross-Appellants, v. Vern HOWLAND, Defendant, Third-Party Defendant, Appellant and Cross-Respondent, and Development Enterprises, Ltd., a limited partnership and Volco, Inc., a corporation, Defendants, Third-Party Plaintiffs, Respondents and Cross-Respondents.

Supreme Court of Idaho.

July 2, 1980.


Attorney(s) appearing for the Case

John P. Howard, of Quane, Smith, Howard & Hull, Boise, for appellant.

William R. Dalling, of Seeley, Jones & Fuller, Jerome, for respondents Luther.

Harry C. DeHaan, of Benoit & Alexander, Twin Falls, for respondents Development Enterprises, Ltd., and Volco, Inc.


DONALDSON, Chief Justice.

This is an action in negligence and breach of warranty for damages sustained by plaintiff following discovery of raw sewage beneath her home. On August 5, 1975, plaintiff cross-appellant Carmen Luther, then known as Carmen Darling, purchased a house and lot in Jerome, Idaho from defendant Development Enterprises, Ltd. Development Enterprises had subcontracted out most of the labor on the house and had subcontracted the plumbing work to defendant...

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