WALTER IMPLEMENT, INC. v. FOCHT

No. 6190-6-III.

42 Wn. App. 104 (1985)

709 P.2d 1215

WALTER IMPLEMENT, INC., Respondent, v. DONALD FOCHT, ET AL, Appellants.

The Court of Appeals of Washington, Division Three.

November 7, 1985.


Attorney(s) appearing for the Case

John D. Knodell, for appellants.

Michael L. Crofts and Underwood, Campbell, Brock & Cerutti, for respondent.


THOMPSON, J.

This case involves the question of whether a liquidated damages clause in a preprinted equipment lease form is a proper remedy following the lessee's default. The trial court upheld the liquidated damages clause. We reverse.

In 1980, Donald Focht, a farmer, contacted Walter Implement, Inc., about obtaining a replacement for his old tractor. After conferring with James Walter, manager and president of Walter Implement, Mr. Focht entered into a...

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