Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)

Citation: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Parent Document: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Jurisdiction: Montana (state)
Effective Date: 1988-01-21
Original Source: https://www.courtlistener.com/opinion/8069276/samuelson-v-aa-quality-construc... ↗

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In Yepsen v. Burgess (1974), 269 Or. 635, 525 P.2d 1019, upon which we relied in Chandler, the Oregon Supreme Court made an observation which is applicable to the implied warranty of habitability in Montana: “A more precise definition of the scope of this warranty must await delineation on a case by case basis.” Yepsen, 525 P.2d at 1022. In both Chandler and Degnan, the dwellings were damaged so substantially as to preclude their use as residences. That is not the situation in the present case. Here the water collected next to the Samuelson home and eventually seeped into the basement after snow melt and rainfall. The evidence demonstrates that the water problem was an inconvenience but did not render the home uninhabitable.

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