DELSON LUMBER v. WASHINGTON ESCROW

No. 2011-2.

16 Wn. App. 546 (1976)

558 P.2d 832

DELSON LUMBER COMPANY, INC., Respondent, v. WASHINGTON ESCROW COMPANY, INC., Appellant, NORTHLAND PROPERTIES, INC., ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

December 21, 1976.


Attorney(s) appearing for the Case

William R. Hickman and Reed, McClure, Moceri & Thonn, for appellant.

Fristoe, Taylor & Schultz, Charles C. Gordon, Perkins, Coie, Stone, Olsen & Williams, William Ronald Hulen, Monheimer, Schermer, Van Fredenberg & Smith, J. Anthony Hoare, and Keller, Rohrback, Waldo, Moren & Hiscock, for respondents.


PEARSON, J.

Defendant, Washington Escrow Company, appeals a summary judgment granted in favor of plaintiff, Delson Lumber Company, for alleged breach of its fiduciary duty in handling escrowed funds.

The material facts are undisputed. Washington Escrow made partial payments of plaintiff's escrowed funds on a timber purchase in violation of a specific provision of the escrow instructions. Its defense is that the payments were in accordance with the underlying...

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