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BP LAND & CATTLE LLC v. BALCOM & MOE, INC.

No. 21940-2-III.

86 P.3d 788 (2004)

BP LAND & CATTLE LLC, a Washington limited liability company; and Burl L. Booker and Kara Booker, husband and wife, Appellants, v. BALCOM & MOE, INC., a Washington corporation, Respondents.

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

As Amended on Denial of Reconsideration and Publication Ordered March 23, 2004.

Attorney(s) appearing for the Case

Gary J. Libey, Nuxoll, Libey, Ensley, Esser, Colfax, WA, Timothy H. Esser, Nuxoll, Libey, Ensley, Esser, Pullman, WA, for Appellants.

Stella J. Edens, Rettig, Osborne, et al, Kennewick, WA, for Respondents.

KATO, J.

BP Land & Cattle LLC (BPLC) and Balcom & Moe, Inc., entered into a Potato Grower Agreement (Agreement). Balcom & Moe issued a check for the first batch of potatoes to BPLC member Mike Pink, who deposited it into his personal account and subsequently declared bankruptcy. BPLC sued Balcom & Moe for the money paid to Mr. Pink. The court granted summary judgment dismissal. We reverse and remand for trial.

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