TESTO v. RUSS DUNMIRE OLDSMOBILE

No. 1610-2.

16 Wn. App. 39 (1976)

554 P.2d 349

MARLIN E. TESTO, Respondent, v. RUSS DUNMIRE OLDSMOBILE, INC., Appellant.

The Court of Appeals of Washington, Division Two.

August 2, 1976.


Attorney(s) appearing for the Case

Thomas G. Krilich and Lee, Krilich, Lowry & Thompson, for appellant.

Richard J. Dolack and Comfort, Dolack, Hansler, Hulscher, Rosenow, Burrows & Billett, for respondent.


PETRIE, C.J.

Plaintiff, Marlin E. Testo, purchased a used automobile from defendant, Russ Dunmire Oldsmobile, Inc. When the vehicle failed to operate properly, plaintiff filed a "Complaint for Rescission" seeking, not only return of the purchase price, but also reasonable attorney's fees on the theory that defendant had engaged in an unfair or deceptive act in the conduct of trade in violation of the Washington Consumer Protection Act, RCW 19.86.

The defendant...

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