Herman v. Bonanza Buildings, Inc. ( 1986 )

Boslaugh, J.,

dissenting in part.

I dissent only from that part of the opinion of the court which holds there may be a question of fact as to whether the defendant is bound by a common-law express warranty.

The seller in this case was Big Valley Builders, Inc. The defendant only furnished component parts to Big Valley, which were then assembled by Big Valley on the plaintiff’s property.

The Bonanza brochure stated clearly that the person giving service to the plaintiff before and after construction would be the “Local Independent Builder.” The written express “Bonanza Building Warranty” which the plaintiff received was between the Bonanza builder (Big Valley Builders, Inc.) and the plaintiff.

This is not a case where a manufacturer placed a completed product in the stream of commerce. It seems to me that the evidence in this case will not support a finding that the defendant warranted the performance of the “independent builder.”