VIGIL v. SPOKANE COUNTY

No. 6820-0-III.

42 Wn. App. 796 (1986)

714 P.2d 692

RICHARD VIGIL, ET AL, Appellants, v. SPOKANE COUNTY, ET AL, Defendants, W.R. KEIMIG, Respondent.

The Court of Appeals of Washington, Division Three.

February 13, 1986.


Attorney(s) appearing for the Case

Brian C. Balch and Powell & Morris, for appellants.

Harold J. Triesch, for respondent.


McINTURFF, J.

Richard and Jeaneene Vigil appeal a summary judgment which dismissed their cause of action against William Keimig for breach of the implied warranty of habitability on statute of limitation grounds. We reverse.

In late 1975, the Vigils purchased a new home from its builder, Mr. Keimig. In early 1976, a small amount of clear, odorless water backed up in a drain in the basement. Mr. Vigil called Mr. Keimig, who came to the house with a backhoe...

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