Allen v. Reichert

2 Citing cases

  1. Smith v. Continental Bank

    130 Ariz. 320 (Ariz. 1981)   Cited 7 times
    Holding a court cannot sua sponte amend the pleadings to conform to the evidence and assert a new claim

    In addition, the Smiths argue that the home was defective and, therefore, they contend that they are entitled to rescission for breach of an implied warranty of fitness. Some of the earlier decisions by this court have held that the rule of implied warranties is inapplicable to the sale of real property. Allen v. Reichert, 73 Ariz. 91, 93, 237 P.2d 818, 819-820 (1951); Voight v. Ott, 86 Ariz. 128, 132, 341 P.2d 923, 925 (1959). The theory of the older cases was that the seller does not impliedly warrant the conditions of the premises because the provisions of the contract of sale are deemed to merge into those of the deed, which embodies the full agreement of the parties.

  2. Shrives v. Talbot

    398 P.2d 448 (Idaho 1965)   Cited 7 times

    Lott v. Taylor, 60 Idaho 263, 90 P.2d 975; Nelson v. Hoff, 70 Idaho 354, 218 P.2d 345; Petersen v. Holland, 79 Idaho 63, 310 P.2d 810; Cooper v. Wesco Builders, 76 Idaho 278, 281 P.2d 669; Scogings v. Love, 79 Idaho 179, 312 P.2d 570; Barron v. Koenig, 80 Idaho 28, 324 P.2d 388; Faria v. Southwick, 81 Idaho 68, 337 P.2d 374; Walker v. Nunnenkamp, 84 Idaho 485, 489, 490, 373 P.2d 559. There are no implied representations or warranties in the sale of real property. Dennison v. Harden, 29 Wn.2d 243, 186 P.2d 908, 912; Allen v. Reichert, 73 Ariz. 91, 237 P.2d 818, 819, 820; Williston on Contracts Revised Ed. Paragraph 2603. Grant or denial of new trial is discretionary with trial Court.