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NEESER v. MARTIN

No. 34801.

54 Wn.2d 66 (1959)

337 P.2d 1065

LOUIS J. NEESER et al., Respondents, v. B.L. MARTIN et al., Appellants.

The Supreme Court of Washington, Department One.

April 16, 1959.

Attorney(s) appearing for the Case

Noland & Disque (Boardman Noland, of counsel), for appellants.

Robert J. McKanna, for respondents.

HUNTER, J.

This is an action for the recovery of an alleged overpayment of money upon a written agreement.

Louis J. Neeser, a building contractor, borrowed $40,000 from B.L. Martin, a hardwood flooring contractor and wholesaler, for use in financing the cost of constructing an apartment house which Neeser proposed to build. On January 16, 1956, a written agreement was entered into between the parties, providing that Neeser execute a note in the amount of the...

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