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FRICKEL v. SUNNYSIDE ENTERPRISES, INC.

No. 51614-6.

106 Wn.2d 714 (1986)

725 P.2d 422

DONALD FRICKEL, ET AL, Respondents, v. SUNNYSIDE ENTERPRISES, INC., ET AL, Appellants.

The Supreme Court of Washington, En Banc.

September 18, 1986.

Attorney(s) appearing for the Case

Owens, Weaver, Davies, Mackie & Lyman and Alexander W. Mackie, for appellants.

Stritmatter, Kessler & McCauley, Keith L. Kessler, and F. Mark McCauley, for respondents.

BRACHTENBACH, J.

The main issue is whether an implied warranty of habitability applies to the sale of an apartment complex, under the facts of this case, and in the face of a contractual disclaimer of any such warranty. The trial court found there was such an implied warranty and held for the buyers. The court did not deal with the contractual disclaimer. We accepted certification from the Court of Appeals. We reverse.<...

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