WALTER IMPLEMENT, INC. v. FOCHT

No. 52455-6.

107 Wn.2d 553 (1987)

730 P.2d 1340

WALTER IMPLEMENT, INC., Petitioner, v. DONALD FOCHT, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

January 8, 1987.


Attorney(s) appearing for the Case

Underwood, Campbell, Brock & Cerutti, P.S., by Richard L. Sayre and Kenneth D. Carpenter, for petitioner.

John D. Knodell, for respondents.

Thomas T. Bassett and James D. Perkins on behalf of Deutz Allis Credit Corp., amici curiae for petitioner.


GOODLOE, J.

In this case we review the language in an equipment case to determine whether the lessor gave sufficient notice pursuant to the contract to enable him to seek a deficiency judgment and whether a liquidated damages clause is enforceable. The Court of Appeals found the notice insufficient and the liquidated damages clause unenforceable. We reverse in part and affirm in part because we hold the notice sufficient and the liquidated damages clause unenforceable...

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