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SPARKMAN & McLEAN CO. v. GOVAN INV. TRUST

No. 40051.

78 Wn.2d 584 (1970)

478 P.2d 232

SPARKMAN & McLEAN CO., Respondent, v. GOVAN INVESTMENT TRUST, Appellant.

The Supreme Court of Washington, En Banc.

December 24, 1970.

Attorney(s) appearing for the Case

Dawson & Borst, by Edward A. Dawson and Howe, Davis, Riese & Jones, by Daniel B. Ritter, for appellant.

E.R. Cluck and Orvin H. Messegee, for respondent.

Monheimer, Schermer, Van Fredenberg & Smith, by J. Dimmitt Smith, amicus curiae.

HUNTER, C.J.

The plaintiff (respondent) Sparkman & McLean Co., upon motion to this court seeks to dismiss an appeal taken by the defendant (appellant) Govan Investment Trust, from a decree foreclosing a $400,000 real estate mortgage held by the plaintiff to secure the defendant's loan. The trial court held the transaction nonusurious and granted summary judgment to the plaintiff. The defendant's motion for summary judgment was denied.

The defendant in...

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