FELT v. McCARTHY

No. 63317-7.

922 P.2d 90 (1996)

130 Wash.2d 203

Dona L. FELT and Tracy G. Waggoner, as Guardian of the Estate of Charles R. Felt, Respondents, v. Thomas C. McCARTHY and Margaret B. McCarthy, husband and wife, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 12, 1996.


Attorney(s) appearing for the Case

Thomas C. McCarthy, Bellevue, for petitioners.

J. Robert Leach, Everett, for respondents.


DOLLIVER, Justice.

Defendants defaulted on a promissory note that was given to Plaintiffs as part of the purchase price for a nine-acre lot, and Plaintiffs sued to enforce the note. Defendants claim "frustration of purpose" excuses them from making further payments on the note because newly-enacted wetlands regulations prevented them from developing the land as a business park. Both the trial court and the Court of Appeals granted summary judgment for Plaintiffs....

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