Wawak v. Stewart

Wawak (defendant) built and sold a house to the Stewarts (plaintiffs), who months later discovered water and debris damage traced to defective below-ground heating and air-conditioning ductwork; the damage could have been reduced had the Stewarts installed an automatic pump, which they did not do. The trial court found Wawak liable under an implied warranty and awarded $1,309, and Wawak appealed.

Whether a real-estate builder-vendor owes an implied warranty of sound workmanship to a house's first purchaser.