Michigan Supreme Court, 1970

Weeks v. Slavik Builders, Inc.

Michigan Supreme Court · Decided November 27, 1970 · Brennan, Dethmers, Black, Kavanagh, Adams, Kelly

181 N.W.2d 271; 384 Mich. 257; 1970 Mich. LEXIS 118 (North Western Reporter, Second Series)

Cases that cite this one

45 later published cases cite this decision. The 25 that cite it most often are listed here.

Southgate Community School District v. West Side Construction Co. (Mich. 1976)
Huhtala v. Travelers Insurance (Mich. 1977)
McCann v. BRODY-BUILT CONSTR. CO. INC. (Mich. Ct. App. 1992)
Garden City Osteopathic Hospital v. Hbe Corporation (6th Cir. 1995)
Garden City Osteopathic Hospital v. HBE Corp. (6th Cir. 1995)
Miller-Davis Co. v. Ahrens Construction, Inc. (Mich. Ct. App. 2009)
Mitchell School District No. 17-2 v. WELFL Construction Co. (S.D. 1983)
Hart v. City of Detroit (Mich. 1982)
Berman v. Watergate West, Inc. (D.C. 1978)
Cartmell v. THE SLAVIK COMPANY (Mich. Ct. App. 1976)
Ramos v. Holmberg (Mich. Ct. App. 1976)
Yepsen v. Burgess (Or. 1974)
ELDERKIN Et Ux. v. Gaster (Pa. 1972)
Nordin Construction Company v. City of Nome (Alaska 1971)
Cochran v. Keeton (Ala. 1971)
Hanson v. Art Post American, Inc. (Mich. Ct. App. 1978)
Lakeview Reserve Homeowners v. Maronda Homes, Inc. (Fla. Dist. Ct. App. 2010)
Riverfront Lofts Condominium Owners Ass'n v. Milwaukee/Riverfront Properties Ltd. Partnership (District Court, E.D. Wisconsin 2002)
Iwanowa v. Ford Motor Co. (District Court, D. New Jersey 1999)
Lear v. Brighton Township (Mich. Ct. App. 1990)
Caceci v. Di Canio Construction Corp. (N.Y. 1988)
Gaito v. Auman (N.C. 1985)
Van Pembrook v. Zero Manufacturing Co. (Mich. Ct. App. 1985)
Kirk v. Ridgway (Iowa 1985)
Butcher v. City of Detroit (Mich. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

Defendant Slavik seeks review of the judgment entered below (Weeks v. Slavik Builders, Inc. [1970], 24 Mich App 621). We grant leave and order summary affirmance for reasons given below.

The express and implied warranties considered in the opinion of Division 2 were made before construction of the home defendant Slavik agreed to construct for plaintiffs. Those warranties became a contractual obligation when the Anza cement tiles thus warranted were personal property. The transformation of such tiles into realty, by incorporating them as a part of the new home, did not change or alter Slavik’s obligation as co-warrantor with Anza Industries of America. That obligation became actionable upon discovery by plaintiffs of the fact of breach.

The instant action is not one for damages for injuries to property within § 5805 of the Revised Judicature Act (CLS 1961, § 600.5805 [Stat Ann 1962 Rev § 27A.5805]), or within the rule of State *259 Mutual Cyclone Insurance Company v. O & A Electric Cooperative (1968), 381 Mich 318. No property of the plaintiffs was “damaged” by defendant Slavik at any time. Instead, defendant Slavik warranted to plaintiffs that it would install on the roof of the dwelling the specifically identified Anza cement tiles which would measure up, in roofing service, to the warranties made. Such warranties were breached as found below, giving rise to plaintiffs’ cause when the breach was discovered, or reasonably should have been discovered within § 5833 of the Revised Judicature Act (CLS 1961, § 600.5833 [Stat Ann 1962 Rev §27A.5833]).

As against defendant Slavik’s claim that this action was not commenced within six years after discovery of the first leak of the roof, we find that Division 2 correctly applied the rule of Felt v. Reynolds Rotary Fruit Evaporating Company (1884), 52 Mich 602. The rule of that case was not changed or affected with advent of mentioned § 5833. Instead, § 5833 was expressly based upon the rule of Felt v. Reynolds and intended, by the new statutory language, to apply Felt’s rule in favor of any victim of the breach of a warranty of quality or fitness. For verification see the committee comment appearing under § 5833 (MCLA § 600.5833 [Stat Ann 1962 Rev § 27A.5833].).

Affirmed accordingly. Costs of all courts to plaintiffs.

T. E. Brennan, C. J., and Dethmers, Black, T. M. Kavanagh, Adams, and T. G. Kavanagh, JJ., concurred. Kelly, J., did not sit in this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.