HONEY v. DAVIS

No. 63429-7.

930 P.2d 908 (1997)

131 Wash.2d 212

Yvonne HONEY, individually, and Yvonne Sikes and Steven Honey, in their capacity as testamentary trustees, Respondents, v. Robert J. DAVIS, d/b/a Mid-Valley Mall Ltd. Partnership, a Washington general partnership; Robert J. Davis, individually and as general partner; and Robert J. Davis, in his separate estate, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 6, 1997.


Attorney(s) appearing for the Case

Eisenhower & Carlson, Ronald A. Roberts, P. Craig Beetham, Tacoma, for petitioner.

Velikanje, Moore & Shore, Inc., P.S., Patrick F. Hussey, Yakima, for respondents.


ALEXANDER, Justice.

We granted review of a decision of the Court of Appeals to the effect that lessors in a long-term ground lease who subordinated their interest in the leased land to a lending institution, in order to assist the lessee in securing financing for improvements to the leasehold, are, as a matter of law, sureties for the lessee. We reverse the Court of Appeals, concluding that the lessors, under the facts of this case, are principals and not sureties...

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