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INTERSTATE PRODUCTION CREDIT v. MacHUGH

No. 15908-6-111.

953 P.2d 812 (1998)

INTERSTATE PRODUCTION CREDIT ASSOCIATION, a corporation organized under the law of the United States, Respondent, v. Lyle R. MacHUGH and Barbara J. MacHugh, husband and wife, individually and the marital community of them composed; d/b/a MacHugh Nursery, Appellants.

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

Publication Ordered April 6, 1998.

Attorney(s) appearing for the Case

Charles M. Andersen, Winston & Cashatt, Spokane, for Appellants.

John R. Nelson, Preston Gates & Ellis, Spokane, for Respondents.

SWEENEY, Judge.

The question here is whether Lyle and Barbara MacHugh, the debtors, are entitled to loss of use damages after successfully asserting an equitable estoppel defense to a foreclosure action. The court concluded they were not. We agree and affirm.

FACTS

The MacHughs owed Interstate Production Credit Association (IPCA) $2,646,888.74 in agricultural loans and interest. The loans were secured by mortgages and an unrecorded quitclaim deed...

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