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RUSHING v. STEPHANUS

No. 36968.

64 Wn.2d 607 (1964)

393 P.2d 281

EUGENE RUSHING et al., Respondents, v. PAUL C. STEPHANUS et al., Appellants.

The Supreme Court of Washington, Department Two.

June 18, 1964.

Attorney(s) appearing for the Case

Warren Hardy, for appellants.

Preston, Thorgrimson, Horowitz, Starin & Ellis and Eugene Sage, for respondents.

FINLEY, J.

Eugene Rushing and his wife (plaintiffs-respondents) commenced this action, asserting fraud and breach of the fiduciary obligation of an agent, and sought the recovery of the commissions which they had paid to Paul Stephanus and wife (defendants-appellants). The defendants were engaged in the mortgage brokerage business under the name of the Prudential Mortgage Company. By amendment, a cause of action for negligence was added respecting certain allegedly...

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