Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sheridan v. Page

United States District Court, D. New Hampshire

September 13, 2018

Robert Sheridan and Gabriele Meyer
v.
Leroy Page, et al

          ORDER

          Landya McCafferty, United States District Judge.

         This suit arises out of plaintiffs' purchase and construction of a log home kit. Plaintiffs bring this action against United Wall Systems, LLC, d/b/a UWS Construction Group (“UWS”), Leroy Page, and several other corporate entities that were involved in either the sale of the log home kit or its construction, asserting claims sounding in contract and tort, and a violation of the New Hampshire Consumer Protection Act. Before the court is defendant UWS's motion to dismiss all claims against it under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs object to this motion. For the following reasons, UWS's motion is denied.[1]

         STANDARD OF REVIEW

         Under Rule 12(b)(6), the court must accept the factual allegations in the complaint as true, draw all reasonable inferences from those facts in the plaintiff's favor, and “determine whether the factual allegations in the plaintiff's complaint set forth ‘a plausible claim upon which relief may be granted.'” Foley v. Wells Fargo Bank, N.A., 772 F.3d 63, 71, 75 (1st Cir. 2014) (quotation omitted). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

         BACKGROUND

         The following allegations are taken from the complaint.[2] In January 2017, plaintiffs purchased a log home kit from defendant Southland Log Homes, Inc. (“Southland”), which they intended to construct on property located in New Hampshire. Southland provided plaintiffs with a list of approved builders, and plaintiffs selected Leroy Page from that list.

         Page, acting as an agent of UWS, sent plaintiffs a quote for the proposed construction of the log home. Plaintiffs subsequently signed a cost breakdown and construction budget document provided to them by Page (“construction contract”).

         Page and UWS started construction of the log home on plaintiffs' property in New Hampshire in May 2017. Doc. no. 1 at 3. Plaintiffs paid Page over $180, 000 during the course of construction. After completion of the log home in October 2017, plaintiffs discovered multiple construction problems, such as crooked and leaning walls, drainage into the home, and no heat in some areas. Plaintiffs allege that the deficient construction caused them emotional distress and forced them to incur additional costs, including alternative living arrangements, and retention of a building inspector and construction manager to repair the home.

         Based on these allegations, plaintiffs assert the following claims against UWS and Page: breach of contract and implied warranties; quantum meruit and unjust enrichment; negligence; negligent infliction of emotional distress; and violation of the New Hampshire Consumer Protection Act.

         DISCUSSION

         UWS moves to dismiss all claims against it, arguing that the complaint alleges insufficient facts to support any of plaintiffs' claims. Doc. no. 20 at 3-5. The court addresses each claim in turn.

         I. Breach of Contract and Implied Warranties (Count I)

         UWS moves to dismiss plaintiffs' breach of contract and breach of implied warranties claims, arguing that the complaint fails to state such claims because there is no allegation that plaintiffs “had a contract or agreement” with UWS or that “Page . . . was an ‘agent' of UWS.” Doc. no. 20 at 3. Plaintiffs correctly point out that the complaint does, in fact, include those allegations. Doc. no. 22 at 3.

         “In order to state a breach of contract claim under New Hampshire law, [the plaintiff] must allege sufficient facts to show (1) that a valid, binding contract existed between the parties, and (2) that [defendant] breached the terms of the contract.” Wilcox Indus. Corp. v. Hansen, 870 F.Supp.2d 296, 311 (D. N.H. 2012); see also Norton v. Burleaud,115 N.H. 435, 436 (1975) (recognizing claim for breach of implied warranty ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.