Waggoner, Appellants v. Midwestern Development, Inc., Respondent

Summary

The court held that the evidence did not support negligence or fraud claims because the builder had no actual or reasonably chargeable knowledge of the underground water condition and had no basis to foresee the harm. It nevertheless held that a builder-vendor of a new house gives an implied warranty of reasonable workmanship and habitability that survives delivery of the deed. The judgment was reversed, and the implied-warranty count was ordered reinstated.