implied warranty claim in Washington

2005Luxon, 42 Wn.

2005Luxon, 42 Wash.App. at 268 , 710 P.2d 809 .

2003Baughn, 107 Wn.2d at 151 .

2003Baughn, 107 Wash.2d at 151 , 727 P.2d 655 .

2015The court found the builder liable, defining the implied warranty rule as follows: “when a vendor-builder sells a new house to its first intended occupant, he impliedly warrants that the foundations supporting it are firm and secure and that the house is structurally safe for the buyer’s intended purpose of living in it.” Id. at 436 .

2005App. 269, 275 , 966 P.2d 335 (1998). ¶53 Here, the purchase and sale agreement provides for attorney fees to the prevailing party in any dispute arising from the sale, including an implied warranty claim.

1995DuPont contends that horizontal or vertical privity is required under the UCC for an implied warranty claim, citing Touchet Valley Grain Growers, Inc. v. Opp & Seibold, General Constr., Inc., 119 Wn.2d 334 , 831 P.2d 724 (1992).

1995DuPont contends that horizontal or vertical privity is required under the UCC for an implied warranty claim, citing Touchet Valley Grain Growers, Inc. v. Opp & Seibold, General Constr., Inc., 119 Wn.2d 334 , 831 P.2d 724 (1992).

1986Co., supra at 540; Bolkum v. Staab, 133 Vt. 467 , 346 A.2d 210 (1975). [1] It is clear that the facts of this case do not come within the implied warranty doctrine as fashioned by this court in House v. Thornton, supra and Klos v. Gockel, supra .

1986Co., supra at 540; Bolkum v. Staab, 133 Vt. 467 , 346 A.2d 210 (1975). [1] It is clear that the facts of this case do not come within the implied warranty doctrine as fashioned by this court in House v. Thornton, supra and Klos v. Gockel, supra .

1947The court said: “As to the doctrine of implied warranty, that the article sold is of the ordinary quality of articles of its kind, or equal throughout to the sample seen, it applies only to articles susceptible of a standard quality, or which are sold by samples, and does not extend to lands which have no standard quality, and must depend, for their value, on a variety of circumstances, none of which are reducible to a common measure.” In York v. Steward, 21 Mont. 515 , 55 Pac. 29 , 43 L.

1947The court said: “As to the doctrine of implied warranty, that the article sold is of the ordinary quality of articles of its kind, or equal throughout to the sample seen, it applies only to articles susceptible of a standard quality, or which are sold by samples, and does not extend to lands which have no standard quality, and must depend, for their value, on a variety of circumstances, none of which are reducible to a common measure.” In York v. Steward, 21 Mont. 515 , 55 Pac. 29 , 43 L.