CROWN CONTROLS, INC. v. SMILEY

No. 54253-8.

110 Wn.2d 695 (1988)

756 P.2d 717

CROWN CONTROLS, INC., Respondent, v. JIM SMILEY, Petitioner.

The Supreme Court of Washington, En Banc.

June 9, 1988.


Attorney(s) appearing for the Case

Trujillo & Peick, P.S., by John C. Peick, for petitioner.

Jeffrey C. Wishko (of LeSourd & Patten, P.S.), for respondent.


DURHAM, J.

The issue presented in this case is if the "election of remedies" doctrine should be applied when an agent fails to adequately disclose the identity of the principal on whose behalf he is contracting. This court has previously held that in such circumstances, a creditor must elect whether it will seek to hold the agent or the principal liable for the debt. Under prior law, a judgment received against one discharges the other from liability, as long as the...

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