Tucker v. Hayford, 118 Wash. App. 246 (2003)

Citation: Tucker v. Hayford, 118 Wash. App. 246 (2003)
Parent Document: Tucker v. Hayford, 118 Wash. App. 246 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-09-04
Original Source: https://www.courtlistener.com/opinion/4935965/tucker-v-hayford/ ↗

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Major Maintenance and Repair. A health inspector recommended that this well be tested at least annually for bacteria. The question then is whether a reasonable person knew or in the exercise of ordinary care should have known that this well should have been tested annually — as part of the major maintenance of this home. Again, the evidence, viewed in a light most favorable to the Tuckers, includes high nitrate levels together with a recommendation for yearly bacteria testing. That is a sufficient showing to support a breach of the major maintenance and repair covenant of this lease, if proved. *255Duties at Common Law

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