MAHONEY v. TINGLEY

No. 1755-1.

10 Wn. App. 814 (1974)

520 P.2d 628

LAURA E. MAHONEY, Appellant, v. CLAUDE W. TINGLEY et al., Respondents.

The Court of Appeals of Washington, Division One.

April 1, 1974.


Attorney(s) appearing for the Case

Bonjorni, Burgeson & Fiori and Duncan A. Bonjorni, for appellant.

Siderius, Lonergan & Crowley and David C. Pearson, for respondents.


HOROWITZ, J.

Plaintiff Laura E. Mahoney sued to recover damages for breach of an earnest money agreement by defendants Claude W. Tingley and Nancy J. Tingley, his wife. Later the court granted defendants' motion for summary judgment of dismissal. Plaintiff appeals.

The controlling issue is whether, under the facts here, a liquidated damage clause contained in the earnest money agreement raises a genuine issue of material fact concerning the validity of that...

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