HILL v. COX

No. 20074-4-III.

41 P.3d 495 (2002)

110 Wash.App. 394

David C. HILL, a single person, Respondent, v. Gale COX, Personal Representative of the Estate of Waltraut Cox, Deceased, Appellant, v. James F. Attwood and Billy Attwood, a marital community and Tom Hoffman and Shelly Hoffman, a marital community, Third Party Defendants.

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

February 26, 2002.


Attorney(s) appearing for the Case

Roland L. Skala, Weeks & Skala, Yakima, for Appellant.

David P. Boswell, Spokane, for Respondent.


BROWN, A.C.J.

Gale Cox, as personal representative of the Waltraut Cox Estate, entered into a real estate contract with David C. Hill to sell wooded real property including a small cabin and spring. To facilitate the sale, Mr. Cox executed a timber agreement reserving certain logging rights, but none within 100 feet of the cabin. Loggers engaged by Mr. Cox cut 12 trees within the proscribed limit. Mr. Hill sued. During pretrial...

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