Codd v. Shepard Builders, Inc., 416.

• Decision Date: 06 November 1942
• Docket Number: No. 416.,416.
• Citation: 129 N.J.L. 190,28 A.2d 617
• Parties: CODD et al. v. SHEPARD BUILDERS, Inc.
• Court: New Jersey Supreme Court

28 A.2d 617

129 N.J.L. 190

CODD et al.

v. SHEPARD BUILDERS, Inc.

No. 416.

Supreme Court of New Jersey.

Nov. 6, 1942.

Syllabus by the Court.

A written contract for the sale of real estate cannot be enlarged by parol testimony, in order to show a warranty, as to the construction of the house built thereon.

Appeal from District Court of First Judicial District of Morris County.

Action by William S. Codd and Anna Mae Codd against Shepard Builders, Inc., etc., to recover damages by reason of faulty construction of house. From a judgment for plaintiffs, the defendant appeals.

Judgment reversed with costs.

October term, 1942, before BODINE, HEHER, and PERSKIE, JJ.

Isadore Zuckerman, of Newark, for defendant-appellant.

Harold Gurevitz and Griffith B. Vaughan, both of Morristown, for plaintiffs-respondents.

BODINE, Justice.

The action was brought to recover damages by reason of the faulty construction of the house designated as No. 9 Talmadge Avenue, in the borough of Chatham, Morris County. The house was sold under a written contract signed by the purchasers. There were no warranties of any kind. By questions, at the trial, it was elicited that representations were made that the house was constructed of the best workmanship and was free of defects. N.J.S.A. 25:1-5 requires a contract for the sale of land to be in writing. The written contract is silent as to any warranty. What was said or done during the negotiations thereof was inadmissible to supply terms with respect to matters as to which the writing was silent. Naumberg v. Young, 44 N.J.L. 331, 43 Am.Rep. 380.

The judgment is reversed with costs.