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COLONIAL IMPORTS v. CARLTON NORTHWEST

No. 59612-3.

121 Wn.2d 726 (1993)

853 P.2d 913

COLONIAL IMPORTS, INC., Petitioner, v. CARLTON NORTHWEST, INC., Respondent.

The Supreme Court of Washington, En Banc.

June 24, 1993.

Attorney(s) appearing for the Case

Williams, Kastner & Gibbs, by David C. Kelly and Daniel W. Ferm, for petitioner.

Gregory C. Sisk and David J. Smith, for respondent.

DURHAM, J.

In this case we are asked to decide who should bear the loss when an independent automobile broker declares bankruptcy after receiving payment from one party for vehicles to be delivered, but without having given payment in full to the other party holding the vehicles. At trial, petitioner, Colonial Imports, Inc. (the first party) succeeded in recovering against the respondent, Carlton Northwest, Inc. (the second party) under theories of negligent misrepresentation...

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