MEYER v. CONSUMERS CHOICE, INC.

No. 38594-1-I.

950 P.2d 540 (1998)

Richard A. MEYER and Marlene Meyer, husband and wife; Leroy M. Johnson and Ginny Johnson, husband and wife, Appellants, v. CONSUMERS CHOICE, INC., a Washington corporation, Respondent.

Court of Appeals of Washington, Division 1.

February 9, 1998.


Attorney(s) appearing for the Case

James S. Fitzgerald, Livengood Carter Tjossem, Kirkland, Frank J. Chmelik, Bellingham, for Appellants.

Bruce H. Hurst, Thomas F. Peterson, Betts Patterson & Mines, Seattle, for Respondent.


GROSSE, Judge.

When an earnest money agreement unequivocally designates a sum deposited as "earnest money," and the agreement unambiguously provides that the same sum is "for the purpose of binding the purchaser to the agreement," then the definitional requirements of state statute are met and the inquiry with regard to remedy becomes one of the amount of the deposit in relation to the purchase price. Here, the total deposits properly considered "earnest money" exceed...

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