Obde v. Schlemeyer

1960

Court: Supreme Court of Washington

Facts: Seller of a house had made some superficial termite repairs. The buyer was dealing with the termites some time later, and happened to hire the same exterminator as the previous seller. So the truth came out.

Posture: Defendants appeal a judgment for the plaintiff.

Issue: Was there a duty to disclose this fact?

Holding: Affirmed, although this wasn't fraudulent concealment.

Rule: It's a landlord's duty to disclose defects to tenants, and that should apply to sellers.

Reasoning: This isn't an act to get out of a contract-- it's just for damages.

Dicta: