Lutz v. Bayberry Huntington

In Lutz v. Bayberry Huntington (148 N.Y.S.2d 762 [Sup Ct, NY County 1956, Christ, J.]) the home purchaser sought to recover damages because the house constructed for him by the defendant builder was defective. Justice Christ in that decision recognized for repleading purposes that the plaintiff's cause of action was based upon an implied promise that the house would be constructed in a good and skillful manner: "It is well established that every contract implies good faith and fair dealing between the parties. A corollary of this principle is the doctrine that in every contract there is an implied covenant that neither party will do anything having the effect of destroying or injuring the right of the other party to receive the fruits of the contract. Thus, there was an implied term of the agreement here that the house would be constructed in a good and workmanlike manner ..." (id. at 768 ).