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EGBERT v. WAY

No. 1500-3.

15 Wn. App. 76 (1976)

546 P.2d 1246

DANNY EGBERT, ET AL, Appellants, v. DELLA F. WAY, ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

March 9, 1976.

Attorney(s) appearing for the Case

Robert J. Caw, Blythe B. Caw, and Caw & Caw, for appellants.

George R. Huff, for respondents.

McINTURFF, C.J.

This appeal is from a judgment denying specific performance and granting damages for breach of a real estate purchase contract.

On February 7, 1973, the parties entered into a written "Offer to Purchase," under the terms and conditions of which the Egberts agreed to buy and Mrs. Way agreed to sell a 98-acre field. The offer to purchase provided in pertinent parts:

... It is understood that seller must clear flaw in title as a result...

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