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PEREZ v. PAPPAS

No. 48203-9.

98 Wn.2d 835 (1983)

659 P.2d 475

RICHARD D. PEREZ, ET AL, Appellants, v. JOHN D. PAPPAS, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

February 17, 1983.

Attorney(s) appearing for the Case

Carney, Stephenson, Badley, Smith & Mueller, by Basil L. Badley and Timothy J. Parker, for appellants.

Cogdill, Deno & Millikan, by James E. Deno, for respondents.

DIMMICK, J.

This is an action brought by appellants, Richard Perez and his wife Charlotte, against respondent, John Pappas, an attorney who had represented them in a personal injury suit. Appellants seek recovery, for breach of fiduciary duty, of all or a portion of the fee respondent received. The trial court acknowledged said breach but held it had been cured by repayment of funds prior to trial. We affirm the trial court but on an alternative theory of accord and...

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