ELLIS v. ROBERT C. MORRIS, INC.

No. 85-121.

128 N.H. 358 (1986)

JOSEPH M. ELLIS AND DONNA ELLIS v. ROBERT C. MORRIS, INC.

Supreme Court of New Hampshire.

July 29, 1986.


Attorney(s) appearing for the Case

Davis, Braucher & Kowal, of Boston, Massachusetts, and Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Richard W. Schwartzman on the brief and orally), for the plaintiffs.

Runyon and Sweeney P.A., of Peterborough (Walter H. Sweeney on the brief and orally), for the defendant.

Craig, Wenners & McDowell, of Manchester (James W. Craig on the brief and orally), for the Association of New Hampshire Homebuilders, as amicus curiae.


KING, C.J.

This appeal arises from an order of the Trial Court (Wyman, J.) granting the defendant's motion for summary judgment. The issue presented is whether a subsequent purchaser of a home may sue the builder for damages based on the builder's negligent performance of the original construction contract. We hold that a builder has no tort obligation to subsequent purchasers of a house to prevent economic harm resulting from defects in the house. A purchaser...

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