BROWNING v. HOWERTON

No. 21633-7-II.

966 P.2d 367 (1998)

92 Wash.App. 644

Larry L. BROWNING and Shirley K. Browning, husband and wife, Appellants, v. Kenneth L. HOWERTON and Peggy A. Howerton, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

September 18, 1998.


Attorney(s) appearing for the Case

Thomas John Majhan, Port Townsend, for Respondents.

Erwin Powell Jones, Sequim, for Appellants.


SEINFELD, Judge.

Larry and Shirley Browning, purchasers of real estate, sought to reform the real estate contract. They contended there was a mutual mistake regarding the acreage, which led to a mistake as to price. Applying the three year statute of limitations for actions based upon oral contracts or actions grounded in fraud, the trial court dismissed the case as untimely. On appeal, the Brownings argue that the trial court should have applied the six-year limitation...

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