Touchet Valley Grain Growers v. Opp & Seibold General Construction, Inc.
Washington Supreme Court
119 Wash. 2d 334, 831 P.2d 724 (1992)
In 1984, Touchet Valley Grain Growers (Touchet) (plaintiff) contracted with Opp & Seibold (defendant) for the construction of a grain-storage building. Opp & Seibold in turn contracted with Truss-T Structures (Truss-T) (defendant) to design the building and provide the materials. Truss-T was aware of Touchet’s identity and its intended purposes for the building. Truss-T provided a one-year warranty on the components that it manufactured, and its price book assured that it provided high-quality materials. In early 1985, after the building was completed, it began to show signs of failure. In spite of attempted repairs from Opp & Seibold and Truss-T, one of the walls of the storage building collapsed in October 1985. Touchet sued Opp & Seibold and Truss-T, claiming breaches of the implied warranties of fitness for a particular use and merchantability and breach of express warranties. Truss-T successfully moved for summary-judgment dismissal of the warranty claims, with the trial court holding that under Uniform Commercial Code (UCC) § 2-318, there was no privity between Truss-T, the manufacturer, and Touchet, the ultimate user. Touchet appealed.
Rule of Law
Holding and Reasoning (Dore, C.J.)
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