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BEN HOLT INDUSTRIES v. MILNE

No. 10720-8-I.

36 Wn. App. 468 (1984)

675 P.2d 1256

BEN HOLT INDUSTRIES, INC., Appellant, v. DAVID A. MILNE, ET AL, Defendants, MILNE & ASSOCIATES, INC., Respondent.

The Court of Appeals of Washington, Division One.

As amended by order March 27, 1984.

Attorney(s) appearing for the Case

Michael A. Patterson, Gail M. Lundgren, and Lee, Smart, Cook & Martin, Inc., P.S., for appellant.

Zachery Mosner, Thomas N. Bucknell, Jr., and Shulkin, Hutton & Bucknell, for respondent.

[As amended by order of the Court of Appeals March 27, 1984.]

RINGOLD, J.

This case presents issues concerning the validity of a defectively acknowledged lease and whether there was sufficient part performance to take the lease outside the statute of frauds. We conclude that there was sufficient part performance to obviate the statute of frauds, and reverse and remand for determination of damages.

The defendant, Milne and Associates,

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