Washington Law Review




Defendant, a mass-developer who planned communities and sold homes on the basis of advertised models, installed a water heater in a house without following the manufacturer's recommendations. Plaintiffs leased the house from defendant's vendee, and plaintiffs' minor son was subsequently scalded by excessively hot water drawn from the heater. Recovery was sought for negligence and for breach of implied warranty of habitability. The trial court dismissed the action, but the Court of Appeals of New Jersey reversed. Held: A builder-vendor of a mass-produced house is liable for breach of an implied warranty of habitability to vendee's lessee injured by a construction defect existing at the time of sale. Sciipper v. Levitt & Sons, Inc., 44 N.J. 70, 207 A.2d 314 (1965).

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