CHRISTOPHER TEGGATZ and TANYA TEGGATZ vs. SATTLER HOMES, INC.
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IN THE SUPREME COURT OF IOWA
No. 24 / 07-0414
Filed February 1, 2008
CHRISTOPHER TEGGATZ and TANYA TEGGATZ,
Appellants,
vs.
SATTLER HOMES, INC.,
Appellee.
Appeal from the Iowa District Court for Linn County, Patrick R.
Grady, Judge.
Third-party purchasers of home appeal from summary judgment
for builder in suit for breach of implied warranty of workmanlike
construction. DECISION OF DISTRICT COURT REVERSED AND CASE
REMANDED.
Webb L. Wassmer of Simmons, Perrine PLC, Cedar Rapids, for
appellants.
James P. Craig and Mark J. Parmenter of Lederer, Weston, Craig,
PLC, Cedar Rapids, for appellee.
2
PER CURIAM.
Plaintiffs, Christopher and Tanya Teggatz, appeal a district court
order granting summary judgment in favor of the defendant, Sattler
Homes, Inc., on the plaintiffs’ third-party-purchaser action for breach of
implied warranty of workmanlike construction against the homebuilder.
The district court granted Sattler Homes’ motion for summary judgment,
finding Iowa law does not extend the implied warranty of workmanlike
construction to a subsequent home purchaser.
Today, we vacated a
court of appeals decision and reversed the judgment of the district court
in an action based upon an identical claim. See Speight v. Walters Dev.
Co., ___ N.W.2d ___ (Iowa 2008) (filed today). We held in Speight that
“subsequent purchasers may recover for breach of implied warranty of
workmanlike construction against a builder-vendor as recognized in Kirk
[v. Ridgway, 373 N.W.2d 491 (Iowa 1985)] for first-party purchasers.” Id.
at ___.
Our ruling in Speight controls here.
We therefore reverse the
district court’s order granting summary judgment to the defendant
homebuilder and remand for further proceedings.
DECISION
OF
DISTRICT
COURT
REMANDED.
This opinion shall not be published.
REVERSED
AND
CASE
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