Morrow v. New Moon Homes, Inc.

The Morrows (plaintiffs) bought a mobile home manufactured by New Moon Homes (defendant) from retailer Golden Heart Mobile Homes (defendant), and experienced severe problems with the heating, electricity, plumbing, and roofing; Golden Heart was no help and soon went out of business. The Morrows sued both New Moon and Golden Heart for breach of the implied warranties of merchantability and fitness for a particular purpose, winning a default judgment against the defunct Golden Heart, but the trial court dismissed the claim against New Moon for lack of privity of contract since the Morrows had bought from Golden Heart, not New Moon directly.