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MORRIS v. WOODSIDE

No. 49776-1.

101 Wn.2d 812 (1984)

682 P.2d 905

ROBERT P. MORRIS, ET AL, Appellants, v. GORDON WOODSIDE, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

June 14, 1984.

Attorney(s) appearing for the Case

David F. Berger, for appellants.

Jon Marvin Jonsson, for respondent Woodside.

Ellington & Johansen, by Helen M. Johansen and Anne L. Ellington, for respondents Slichter, et al.

BRACHTENBACH, J.

Is the following real estate contract due-on-sale clause enforceable: "During the term of this Real Estate Contract between seller and purchasers [sic]. Purchasers agree not to sell said premises without paying off said Real Estate Contract."?

The facts: In 1978 plaintiff/appellant Morris, as purchaser, entered into a real estate contract with defendant/respondent Woodside, as seller, which contract contained the above clause. The contract...

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