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EVANS v. RAUTH

No. 34479-3-II.

158 P.3d 1261 (2007)

Lawrence and Julia EVANS, Appellants, v. Hans RAUTH and Melitta Holland, Respondents.

Court of Appeals of Washington, Division 2.

May 30, 2007.

Attorney(s) appearing for the Case

David P. Horton, Law Office of David P. Horton Inc. PS, Silverdale, WA, for Appellants.

Jack Bradford Micheau, Micheau & Associates Attorneys Inc. PS, Cosmopolis, WA, for Respondents.

Larry Dean Stout, Olympia, Amicus Curiae on behalf of Washington Association of Realtors.

PENOYAR, J.

¶ 1 Julia and Lawrence Evans appeal from summary judgment in Hans Rauth's and Melitta Holland's favor in a commercial real estate transaction. The trial court found that Evanses' inability to timely remedy defects in the septic system amounted to an anticipatory breach of contract. It then ordered specific performance, damages (to be determined), and attorney fees to Rauth and Holland. We reverse the summary judgment in favor of Rauth and Holland...

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