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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tucker v. Hayford, 75 P.3d 980 (2003)

Citation
Tucker v. Hayford, 75 P.3d 980 (2003)
Parent Document
Tucker v. Hayford, 75 P.3d 980 (2003)
Jurisdiction
Washington (state)
Effective Date
2003-09-04

Other Sections in This Document (56)

Full Text

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[7] See, e.g., Ruane v. Cardinal Realty, Inc., 116 N.H. 321, 322, 358 A.2d 412 (1976) (noting in action involving breach of contract for construction and sale of home, "the common expectation is that [a home] will be supplied with water in reasonable amounts and reasonable quality so as to make the house habitable"); McDonald v. Mianecki, 79 N.J. 275, 298, 398 A.2d 1283 (1979) (holding that "the implied warranty of habitability encompasses the potability of the water supply" in case of sale of home by a builder-vendor); Jeanguneat v. Jackie Hames Constr. Co., 576 P.2d 761, 765 (Okla.1978) (holding in case where well water was not drinkable, builder-vendor's implied warranty of habitability extends to a water well provided with a new home); Forbes v. Mercado, 283 Or. 291, 294, 583 P.2d 552 (1978) (finding where water had such a high iron content that it was not suitable for domestic purposes, the "seller impliedly warrants a dwelling with a usable water system because the dwelling is uninhabitable if the system is otherwise"); JRD Dev. Joint Venture v. Catlin, 116 Or.App. 182, 185, 840 P.2d 737 (1992) (refusing to set aside judgment on claim that tenant testified falsely where trial court found rental home uninhabitable due to contaminated drinking water and leaky septic system), modified, 118 Or.App. 502, 848 P.2d 136 (1993); Elderkin v. Gaster, 447 Pa. 118, 130, 288 A.2d 771 (1972) (holding in vendor-builder lawsuit where well water had high concentrations of organic nitrates and contained unacceptable levels of synthetic detergent, "[w]hile we can adopt no set standard for determining habitability, it goes without saying that a potable water supply is essential to any functional living unit; without drinkable water, the house cannot be used for the purpose intended").