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KAUFMAN BROS. CONSTR. v. OLNEY

No. 3601-4-III.

29 Wn. App. 296 (1981)

628 P.2d 838

KAUFMAN BROTHERS CONSTRUCTION, INC., Respondent, v. THE ESTATE OF ELMER A. OLNEY, Respondent, GERALD W. SOUTHARDS, ET AL, Appellants.

The Court of Appeals of Washington, Division Three.

May 12, 1981.

Attorney(s) appearing for the Case

Charles C. Countryman, for appellants Southards.

Robert W. Inouye, Roland L. Skala, and Weeks, Dietzen, Skala & Inouye, for appellant International Harvester Credit Corp.

Ralph G. Swanson and Pebbles, Swanson & Lindskog, for respondent Kaufman Brothers Construction.

George F. Velikanje and Velikanje, Moore & Shore, for respondent Estate of Olney.

McINTURFF, C.J.

Mr. and Mrs. Gerald Southards appeal the granting of a forfeiture in a lease-option agreement.

In the summer of 1971, Elmer A. Olney leased 80 acres of farmland to Mr. and Mrs. Southards with an option to purchase the property for $30,000 (less lease payments) prior to the expiration of the lease on February 28, 1976. The lease, among other provisions, required the Southards pay as rental the sum of $1,000 on or before the 1st day of March...

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