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WEYERHAEUSER REAL ESTATE v. STONEWAY

No. 7486-5-I.

26 Wn. App. 882 (1980)

614 P.2d 249

WEYERHAEUSER REAL ESTATE COMPANY, Appellant, v. STONEWAY CONCRETE, INC., Respondent.

The Court of Appeals of Washington, Division One.

July 21, 1980.

Attorney(s) appearing for the Case

A. Richard Dykstra and Stafford, Frey & Mertel, for appellant.

John F. Kovarik and Casey, Pruzan, Kovarik & Shulkin, for respondent.

RINGOLD, J.

Weyerhaeuser Real Estate Company (Weyerhaeuser), the lessor, appeals the trial court's judgment denying its claim for rental due under a mining lease on the basis of commercial frustration. Stoneway Concrete, Inc. (Stoneway), the lessee, cross-appeals the trial court's dismissal of its other affirmative defenses. We conclude that the trial court erred in relieving the lessee Stoneway of its obligations under...

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