Siders

I concur in the result but get there differently. On the question of whether an implied warranty of fitness attached to this sale by vendors not in the business of selling or constructing residential housing the lead opinion concludes that the Supreme Court in Pollard v. Saxe & Yolles Dev. Co. (1974) 12 Cal.3d 374 [ 115 Cal.Rptr. 648 , 525 P.2d 88 ] has determined that such liability pertains only to commercial sellers and developers. It is accurate to say that such were the facts in Pollard but the problem is that Justice Clark’s opinion for a unanimous court used language much broader than those facts. He put the question this way: “This case presents the issue whether the doctrine of implied warranties of quality and fitness—now applicable to the sale of goods and to some contracts for labor and material— should also apply to the sale of newly constructed real property.” (Id., at p. 376.) Not one word about limiting the question or the holding to those in the business.

Nor is there anything in the reasoning of Pollard to suggest such limitation. The Supreme Court’s conclusion is that “builders and sellers of new construction should be held to what is impliedly represented—that…

*1219 Opinion

Plaintiffs Barry L. Siders and Janice M. Siders appeal from a judgment against them following a court trial on their complaint for breach of contract, negligence and breach of warranty arising out of their purchase of a single-family residence. We reject all of the Siderses’ contentions and affirm.

I. Facts and Procedure

In 1972, the Siderses purchased a single-family house located in Diablo, California, from defendants Herman W. Schloo, Jr., and his wife Gerrie M. Schloo. The house was built on previously unimproved land purchased by the Schloos in 1970. The Schloos purchased a set of building plans from Manufactured Homes of California and obtained a building permit from Contra Costa County in the same year.

The Schloos next engaged a man named Herb Robinson to build their residence. At the time they engaged Robinson, they believed that he possessed the sufficient knowledge and skill to properly construct the building pursuant to their plans. However, according to plaintiff Barry Siders, the Contractors State License Board has no record that Robinson was ever licensed as a contractor. Construction commenced in 1970. Although most of the work was performed by…

Plaintiffs Barry L. Siders and Janice M. Siders appeal from a judgment against them following a court trial on their complaint for breach of contract, negligence and breach of warranty arising out of their purchase of a single-family residence. We reject all of the Siderses' contentions and affirm.

In 1972, the Siderses purchased a single-family house located in Diablo, California, from defendants Herman W. Schloo, Jr., and his wife Gerrie M. Schloo. The house was built on previously unimproved land purchased by the Schloos in 1970. The Schloos purchased a set of building plans from Manufactured Homes of California and obtained a building permit from Contra Costa County in the same year.

The Schloos next engaged a man named Herb Robinson to build their residence. At the time they engaged Robinson, they believed that he possessed the sufficient knowledge and skill to properly construct the building pursuant to their plans. However, according to plaintiff Barry Siders, the Contractors State License Board has no record that Robinson was ever licensed as a contractor. Construction commenced in 1970. Although most of the work was performed by Robinson, Herman…