Carlson v. Rysavy

262 N.W.2d 27 (S.D. 1978)

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Nature of the Case

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Facts

P purchased a mobile home from a dealer, (D), and manufactured by D1. Upon delivery, P noticed some apparent defects, which he noted on the delivery receipt returned to D1. There were no heating ducts or tubing in the floor of the home, no hot water heater delivered, wind and water damage from transportation and the center I-beams were bent and misshaped. The two halves could not be bolted together due to the crooked I-beams. D1 finally sent serviceman, who hired a local welder to force the I-beams together by means of C-clamps and to weld them. The serviceman failed to bring the right size heat tubes but assured Ps he would return with the right size, which he never did. P picked up the right size and installed them himself. Pipes froze, temperature in the home with the furnace running at full capacity would only reach 50 degrees, water leaked around the doors and the door frame, and paneling bulged. P sent a list of twenty-one defects to D for forwarding to D1. Ps learned that the home was inadequately insulated under the standards for electric furnaces and hired a local contractor to insulate the home properly. P discovered that his modular home did not have 3/8th plywood sheeting under the siding, as the modular home they viewed prior to ordering, but it had a cardboard-type substance called Foam core. D1, for the most part, ignored Ps' complaints. P sued for breach of warranty. D prevailed on P's claims. P prevailed on its claims against D1 and D prevailed on its claims against D1. P got $ 9,000 against D1, and D got $1,100 against D1. D1 appealed.