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Property Keyed to Sprankling
Wade v. Jobe
Citation:
818 P.2d 1006 (1991).Facts
Lynda Jobe (the defendant) moved into a house rented to her by her landlord, Clyde Wade (the plaintiff). Upon moving in, the defendant discovered many defects including that there was no hot water. It was discovered that accumulated sewage had not only caused a foul odor throughout the home but had also extinguished the flame of the hot water heater. Between July and October 1988, the defendant called the plaintiff to the home to fix the hot water heater; each time, the plaintiff removed the sewage and relit the water heater but it always extinguished again later because of re-accumulated sewage. In November 1988, the defendant told the plaintiff that she was withholding rent until the problem was fixed permanently. An inspection by the City in December 1988 declared the home unsafe for human occupation do to the sewage and other problems. The City issued a notice that if the problems were not fixed, it would condemn the property. The defendant moved out of the home.
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