High Court Wellington
18 February; 21 March 1952
Stanton J
18 February; 21 March 1952
Stanton J
Vendor and Purchaser — Dwellinghouse in Course of Construction — Clause in Agreement for Sale whereby Purchaser acknowledged "that he has inspected the said property and that he purchases the same solely in reliance upon his own judgment and not upon any representation or warranty made by the Vendor or any agent of the Vendor" — Such Clause preventing Purchaser from relying on Some Express Verbal Warranty given by Vendor — Implied Warranty that House would be built in Workmanlike Manner and of Suitable Materials — When Parties came to Terms and Deposit paid House was unfinished, thus giving rise to Implied Warranty not excluded by Purchaser's Acknowledgment in Agreement — House not built with all Proper Materials and Fit for Habitation — Purchaser entitled to Recover Damages for Breach of Implied Warranty.
Loading... Please wait...
