LIEBERGESELL v. EVANS

No. 46450.

93 Wn.2d 881 (1980)

613 P.2d 1170

VIRGINIA B. LIEBERGESELL, Petitioner, v. FRANKLIN W. EVANS, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

July 10, 1980.


Attorney(s) appearing for the Case

Sinnitt, Teitge & Sinnitt, by Paul Sinnitt, for petitioner.

Gordon, Thomas, Honeywell, Malanca, Peterson & O'Hern, by Valen H. Honeywell, for respondents.


HOROWITZ, J.

Plaintiff seeks review of an appellate court decision that defendants could not be estopped from asserting the defense of usury to plaintiff's action for recovery of amounts due on notes made by defendants. We reverse the Court of Appeals, Division Two, and remand the case to Pierce County Superior Court for trial on the merits. We take these actions because a borrower under a duty to speak who fails to disclose the illegality of a proposed rate of interest...

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