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BARLAGE v. KEY BANK OF WYOMING

No. 93-115.

892 P.2d 124 (1995)

Dale E. BARLAGE, Appellant (Plaintiff), v. KEY BANK OF WYOMING, a Wyoming corporation, f/k/a First Wyoming Banc Corporation, Appellee (Defendant).

Supreme Court of Wyoming.

March 16, 1995.

Attorney(s) appearing for the Case

William R. Fix of Fix & Mulligan, Jackson, for appellant.

Rick A. Thompson of Hathaway, Speight, Kunz & Trautwein, Cheyenne, for appellee.

Before GOLDEN, C.J., and THOMAS, CARDINE, MACY and TAYLOR, JJ.

THOMAS, Justice.

The major question in this case is whether a warranty of habitability is extended in the sale of a house by a financial institution that acquired the property by foreclosure. Dale E. Barlage (Barlage) purchased the house from Key Bank of Wyoming (Key Bank) and later sued Key Bank to recover damages caused by water leaking into a crawl space under the house. Barlage's theories of recovery were breach of an implied warranty of habitability, breach of...

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