Gay v. Cornwall

The basic issue presented by this appeal is whether or not an implied warranty of fitness flows from the builder of a new house to the first purchaser-occupant where the premises have been sold by the owner prior to completion. We hold that it does.

The house in question was built by the defendant, Elmo C. Willoughby, in the city of Montesano on a lot owned by a party named Childs. Willoughby originally agreed to build for Childs, but after construction had begun Childs sold the property to Mr. and Mrs. John R. Cornwall, also named as defendants here. The plaintiff, Jean Walters Gay, purchased…