Obde v. Schlemeyer

Supreme Court of Washington

353 P.2d 672 (Wash. 1960)

Parties to a transaction have a duty to disclose material facts whenever justice, fair dealing, and equity demand it.

Relevant Facts

Mr. and Mrs. Obde (the plaintiffs) purchased an apartment from Mr. and Mrs. Schlemeyer (the defendants). After they moved in, the plaintiffs found a termite infestation in the apartment. The infestation was not readily apparent on the surface. The defendants knew about the infestation, but failed to disclose it to the plaintiffs, because the plaintiffs never asked. In fact, prior to selling to the plaintiffs, the defendants attempted to get rid of the termites, but failed to follow the exterminator’s recommended course of treatment, for financial reasons. As a result, the defendant’s exterminator gave no guarantee that the infestation was eradicated. The plaintiffs sued, seeking damages. The trial court ruled in favor of the plaintiffs and the defendants appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 23, 2020

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Procedural History

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Citations

353 P.2d 672 (Wash. 1960)