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HIGGENBOTHAM v. TOPEL

Nos. 545-3; 546-3.

9 Wn. App. 254 (1973)

511 P.2d 1365

CHESTER HIGGENBOTHAM et al., Respondents, v. BERNARD J. TOPEL, Appellant, WILLIAM F. DREGER et al., Respondents.

The Court of Appeals of Washington, Division Three.

July 6, 1973.

Attorney(s) appearing for the Case

Harry E. Hennessey (of Hennessey, Curran, Kelly & Workland), for appellant.

Norman D. Brock (of Underwood, Campbell, Zellmer & Kain), and Patrick H. Murphy, for respondents.

GREEN, C.J.

Two questions are presented:

(1) Is a devisee under a will, who receives wheatland encumbered by a lease that requires the lessor to pay the lessee for summer fallow upon expiration of the lease, liable to the lessee for such payment? (2) Upon expiration of the lease, is a contract purchaser of the land and assignee of the leases liable over to his assignor for the original lessor's obligation...

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