Thomas v. Cryer

PER Curiam : Roger C. Thomas and Emily, his wife, sued the developer of ⁷²⁶ 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 pockmarked 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 , 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