Merle E. Moxley and Della F. Moxley, Appellants (plaintiffs) v. Laramie Builders, Inc., Appellee (defendant)

Summary

The Wyoming Supreme Court held that a home's implied warranty of fitness for habitation extends both to builders who are not builder-vendors and to subsequent purchasers for a reasonable period, subject to limits for latent defects that become manifest after purchase. It also held that subsequent purchasers may pursue negligence claims for foreseeable damage caused by negligent construction despite lacking contractual privity and despite acceptance by the original owner. The court therefore reversed the dismissal under Rule 12(b)(6) and remanded. Justice Rooney specially concurred, cautioning that the majority's description of warranty purposes could improperly diminish the warranty's contractual nature.