Ness v. Ylvisaker

MEMORANDUM OPINION

WOZNIAK, Judge.

FACTS

In July 1980, the parties signed a purchase agreement under which appellant Yl-visaker and her husband agreed to sell their home to respondent Ness. Ylvisaker was to make certain repairs to the home, including repairs to the roof. The trial court found that the repairs were inadequate.

The parties closed on the house two months later, Ylvisaker and her husband conveying by warranty deed. No evidence of the warranty deed was introduced at trial.

During the ensuing five years, Ness experienced intermittent leaking and water damage to her house as a result of…