Thomas v. Cryer
| Decision Date | 07 January 1969 |
| Docket Number | No. 35,35 |
| Citation | 248 A.2d 795,251 Md. 725 |
| Parties | Roger C. THOMAS et ux. v. Robert D. CRYER et al. |
| Court | Maryland Court of Appeals |
Marvin P. Sadur, Washington, D. C. (Francis J. Pelland and Herman M. Braude, Washington, D. C., on the brief), for appellants.
No brief filed on behalf of appellees.
Before HAMMOND, C. J., and MARBURY, BARNES, FINAN and SINGLEY, JJ.
Roger C. Thomas and Emily, his wife, sued the developer of Suburban Estates in Prince George's County from whom they had bought a substantially completed house under a standard contract of sale dated March 11, 1966, alleging that on May 3, 1966, when they took title and possession the brick veneer surface and other exterior brickwork appeared (as it had on March 11) satisfactory and nondefective, but that during the winter of 1966-67 the brick veneer and other exterior brickwork crumbled and peeled, leaving a chipped pock-marked condition of widespread deterioration for which the builder-owner-seller of the house was responsible to the plaintiffs as 'a breach of (his) contractual obligation to deliver to plaintiffs the premises free of defective workmanship and/or materials * * *.'
When the case was at issue, Judge Bowie heard the parties on a motion to dismiss under Maryland Rule 535. It was stipulated that each side would proffer rather than introduce its evidence and the case decided on the basis of the proffers. Judge Bowie found that there was in fact no express warranty and that under the law of Maryland there is no implied warranty in the sale of real estate, and entered judgment for the defendant for costs.
The judgment must be affirmed. In Allen v. Wilkinson, 250 Md. 395, 243 A.2d 515, suit was for breaches of implied warranties for failure to grade the lot on which stood a completed house bought by the plaintiff from the builder-owner and for failure properly to construct the footings, foundations, basement walls and floors and drains, and for failure to waterproof and provide adequate drainage. In affirming judgment for the builder-owner, we said:
'We recognize that as the law of this State stands today except in unusual circumstances (as where, for example, a house is to be built on order just like a sample house or a building is to be built to agreed on plans and specifications, Gaybis v. Palm, 201 Md. 78, 93 A.2d 269) there is no implied warranty in the sale of a completed residence and therefore the ruling of the lower court sustaining the defendant's de...
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Safer v. Perper, s. 75-1576 and 75-1577
...Md. 672, 248 A.2d 351 (1968). Further, we can find no sufficient legal basis for a finding of an implied warranty. See Thomas v. Cryer, 251 Md. 725, 248 A.2d 795 (1969). But see Md. Real Property Code Ann. § 10-203 (1974) (implied warranties with respect to sales). Finally, the participatio......
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