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ASHMORE v. ESTATE OF DUFF

No. 82052-0.

205 P.3d 111 (2009)

Alan ASHMORE, Respondent, v. The ESTATE OF Elmer C. DUFF, by and through its personal representative George R. Granberg; and the Estate of Elsie L. Duff, by and through its personal representative Carol J. Harting; and Carol J. Harting and John Doe Harting, wife and husband, Petitioners.

Supreme Court of Washington, En Banc.

April 16, 2009.

Attorney(s) appearing for the Case

Michael Edward De Grasse, Attorney at Law, Walla Walla, WA, for Petitioners.

Brandon L. Johnson, Minnick Hayner, P.S., Walla Walla, WA, for Respondent.

PER CURIAM.

¶ 1 In a dispute over the enforceability of a real estate purchase and sale agreement, the Court of Appeals affirmed the trial court's application of judicial estoppel to order specific performance. The gravamen of judicial estoppel is the intentional assertion of an inconsistent position that erodes respect for the judicial process and the courts. Because the party resisting specific performance did not...

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