Henry P. McDonald and Barbara McDonald, His Wife, Plaintiffs-Respondents v. Joseph S. Mianecki and Delores…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that an implied warranty of habitability arises in the sale of a new home by a builder‑vendor, that the warranty includes the potability of the water supply, and that the plaintiffs did not breach their duty to mitigate damages.