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GOODYEAR TIRE & RUBBER CO. v. WHITEMAN TIRE, INC.

Nos. 14589-1-III, 14910-2-III.

935 P.2d 628 (1997)

GOODYEAR TIRE & RUBBER COMPANY, Respondent, v. WHITEMAN TIRE, INC., A Washington corporation; Whiteman Bros., Inc., a Washington corporation; Brent A. Whiteman and Jeanette C. Whiteman, husband and wife, Appellants, and Terry L. Gilmour and Karen L. Gilmour, husband and wife, Defendants.

Court of Appeals of Washington, Division 3, Panel Eight.

Reconsideration Denied June 25, 1997.

Attorney(s) appearing for the Case

Victoria L. Vreeland, David P. Moody, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Seattle, Stephanie Bloomfield, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, for Appellants.

Al Van Kampen, David A. Zapolsky, Timothy W. Cranton, Bogle & Gates, Seattle, Steven F. Lathrop, Lathrop, Winbauer, Harrel & Slothower, Ellensburg, for Respondent.

KURTZ, Judge.

Does the implied covenant of good faith that is present in every contract apply to a party's exercise of an express and unconditional contract right? In this case, Goodyear Tire & Rubber Co. entered into a dealership contract with Whiteman Tire, Inc., but reserved the right to sell tires in Whiteman's trade area. We are asked to decide whether the implied covenant of good faith required Goodyear to exercise...

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