CARSON v. ISABEL APARTMENTS

No. 2384-3.

20 Wn. App. 293 (1978)

579 P.2d 1027

CHARLES H. CARSON, ET AL, Appellants, v. ISABEL APARTMENTS, INC., ET AL, Respondents.

The Court of Appeals of Washington, Division Three.

May 31, 1978.


Attorney(s) appearing for the Case

Hugh B. Horton and Horton, Wilkins, Faurholt & Kerr, for appellants.

Edward H. McKinlay and Sullivan & McKinlay, for respondents.


GREEN, J.

The buyers, Charles Carson and Cleta Daggett, appeal from a judgment dismissing their suit against the sellers for specific performance of an earnest money agreement or, alternatively, for damages from the sellers for their failure to perform the agreement.

This appeal presents two issues: (1) Did the court err when it held that the agreement was unenforceable because the parties had made a mutual mistake of fact when they entered into it? and (2...

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