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SPARKMAN & McLEAN v. WALD

No. 2031-1.

10 Wn. App. 765 (1974)

520 P.2d 173

SPARKMAN & McLEAN INCOME FUND, Appellant, v. FELIX A. WALD et al., Respondents.

The Court of Appeals of Washington, Division One.

March 18, 1974.

Attorney(s) appearing for the Case

Montgomery, Purdue, Blankinship & Austin and Gale D. Barbee and Lynn O. Hurst, for appellant.

Gerald F. Collier, Terry L. Kukuk, and Lee R. McNair, for respondents.

FARRIS, J.

Sparkman & McLean Income Fund, assignee of two promissory notes which the Walds executed to Retirement Income Corporation, brought suit on the notes. The Walds counterclaimed alleging usury. Sparkman Fund appeals from judgment for the Walds on their counterclaim.

In July 1965, the Walds approached Sparkman & McLean Company (which the trial court found acted as agent of Retirement Income Corporation, the lender) to obtain a loan for the purpose...

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