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GO2NET, INC. v. FREEYELLOW.COM, INC.

No. 51674-4-I.

109 P.3d 875 (2005)

GO2NET, INC., a Delaware corporation, Respondent, v. FREEYELLOW.COM, INC., a Florida corporation, and John Molino, Appellants.

Court of Appeals of Washington, Division 1.

April 11, 2005.

Attorney(s) appearing for the Case

Mark S. Clark, Mary E. Crego, Seattle, WA, for Appellants.

Peter A. Danelo, Felix G. Luna, Seattle, WA, for Respondent.

PUBLISHED IN PART

BECKER, J.

¶ 1 Go2Net won a suit to rescind its acquisition of Freeyellow.com under the Securities Act of Washington after learning that seller John Molino had failed to disclose the ownership claims of a third party. Molino contends that the trial court should have allowed him to assert the equitable defenses of estoppel and waiver. Because a flexible rule allowing the assertion of these defenses would undermine the deterrent effect...

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