PEOPLES NATIONAL BANK v. BIRNEY'S ENTERS.

No. 11405-4-II.

54 Wn. App. 668 (1989)

775 P.2d 466

PEOPLES NATIONAL BANK OF WASHINGTON, Respondent, v. BIRNEY'S ENTERPRISES, INC., Appellant.

The Court of Appeals of Washington, Division Two.

July 5, 1989.


Attorney(s) appearing for the Case

Catherine Wright Smith and Edwards & Barbieri, for appellant.

Philip G. Hubbard, Philip A. Talmadge, B. Jeffrey Carl, and Karr Tuttle Campbell, for respondent.


WORSWICK, J.

Birney's Enterprises, Inc., appeals a judgment and an order for writ of restitution in favor of Peoples National Bank in this unlawful detainer action. Birney's claims that it has the right to possession under an unrecorded 20-year lease. The dispositive issue is whether the Bank had a duty, when it acquired its interest in the property, to make an inquiry that would have disclosed the lease. The trial court held that the Bank had no such duty. We reverse...

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