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SCOTT v. WALL

No. 22403-4-I.

55 Wn. App. 404 (1989)

777 P.2d 581

LEWIS SCOTT, ET AL, Respondents, v. GLENN WALL, ET AL, Appellants.

The Court of Appeals of Washington, Division One.

August 21, 1989.

Attorney(s) appearing for the Case

J. Robert Leach and Nielsen, Nielsen & Leach, for appellants.

G. William Shaw and Shidler, McBroom, Gates & Lucas, for respondents.

WINSOR, J.

Glenn and Gloria Wall (Wall) appeal an order granting partial summary judgment to Lewis and Janet Scott (Scott) in an action to enforce a promissory note. We reverse.

On May 31, 1986, Wall entered into a contract with Scott to purchase and operate Wall's restaurant. Paragraph 10 of the purchase agreement provided:

This offer is subject to and contingent upon the ability of the purchaser to negotiate an acceptable lease for not less than...

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