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PARADISO v. DRAKE

No. 33921-8-II.

143 P.3d 859 (2006)

John PARADISO, as trustee of the Revocable Living Trust of John Paradiso, Respondent, v. Jeanne E. DRAKE, a married woman as her separate estate, Appellant.

Court of Appeals of Washington, Division 2.

October 3, 2006.

Attorney(s) appearing for the Case

Annette L. Monnett, Contract Attorney, Fircrest, WA, Terrence Clayton Posey, Tacoma, WA, for Appellant.

David John Corbett, Eisenhower & Carlson PLLC, Tacoma, WA, Philip Albert Talmadge, Anne Elizabeth Melley, Talmadge Law Group PLLC, Tukwila, WA, for Respondent.

PART PUBLISHED OPINION

ARMSTRONG, J.

¶ 1 Jeanne E. Drake agreed to sell "as is" nine vacant lots to John Paradiso's Living Trust (the Trust). Drake refused to close the sale because a neighbor's septic drain field encumbered one of the lots and the proposed warranty deed did not contain the "as is" language present in the original sales agreement. The Trust sued for specific performance, and the trial court...

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