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MEHLENBACHER v. DeMONT

No. 24104-8-II.

11 P.3d 871 (2000)

103 Wash.App. 240

Richard E. MEHLENBACHER and Karen S. Mehlenbacher, Respondents, v. John L. DeMONT and Jo K. DeMont, husband and wife; Joel K. DeMont, an unmarried individual d/b/a Nova Development Company; the Administration of the Small Business Administration, an agency of the government of the United States of America; also all other persons or parties unknown claiming any right, title, estate, lien or interest in the real property described in the Complaint herein, Appellants.

Court of Appeals of Washington, Division 2.

November 3, 2000.

Attorney(s) appearing for the Case

Kelly Ann Delaat Mahr, Thomas L. Dickson, Law Offices of Thomas L. Dickson, Tacoma, for Appellants.

Jeffrey Paul Helsdon, Justin D. Park, McFerran & Helsdon, P.S., Tacoma, for Respondents.

ARMSTRONG, C.J.

The DeMonts purchased unimproved property from the Mehlenbachers in 1994. The Mehlenbachers financed part of the purchase price with a promissory note secured by a deed of trust. When a neighbor sued the DeMonts for landslide damage, the DeMonts joined the Mehlenbachers, alleging that they had misrepresented the property's stability. The Mehlenbachers counterclaimed to foreclose the deed of trust and then moved...

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