NEW WELTON HOMES v. ECKMAN

No. 27S02-0309-CV-398.

830 N.E.2d 32 (2005)

NEW WELTON HOMES, Successor in Interest to, Don Welton Manufactured Housing, Inc., Appellant (Defendant below), v. Lance ECKMAN and Karen Eckman, Appellees (Plaintiffs below), and Richard C. Green d/b/a Green Concrete, Appellee (Defendant below).

Supreme Court of Indiana.

June 28, 2005.


Attorney(s) appearing for the Case

Mark E. Spitzer, Marion, IN, Attorney for Appellant.

Joseph W. Eddingfield, Wabash, IN, Attorney for Appellees.


SHEPARD, Chief Justice.

A family contracted for a manufactured home. The agreement included a warranty requiring any claims for breach to be brought within one year. Two years after the home was completed, the purchasers experienced foundation damage after substantial rains and sued the seller for breach of contract. They urge that the discovery rule used for determining when a cause of action accrues within the meaning of the statute of limitations be deployed to...

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