Mitchell v. Straith

In Mitchell v. Straith, 40 Wn. App. 405, 698 P.2d 609 (Wash. Ct. App. 1985), purchasers of a residential property filed a complaint against the sellers, alleging breach of an express warranty and fraud or misrepresentation in selling the property. 698 P.2d at 610. The trial court dismissed the complaint with prejudice, and the purchasers appealed. Id. On appeal, the Washington Court of Appeals found that the defect complained of (an unusual water piping arrangement) "does not meet the implicit requirements of Sorrell v. Young, 6 Wn. App. 220, 491 P.2d 1312 (1971) and Obde v. Schlemeyer, 56 Wn.2d 449, 353 P.2d 672 (1960) of an undisclosed defect substantially affecting the value and usefulness of the property." Id. at 613.