Washington Law Review


John L. Hay


P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds on their counterclaim for rescission based on breach of warranty of proper installation. Appeal. Held: Reversed. If Ds had a right to rescind, they waived it by continuing to use the furnace. Coovert v. Ingwerson, 37 Wn. 2d 797, 226 P. 2d 187 (1951).

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