KOFMEHL v. BASELINE LAKE, LLC

No. 29683-1-III.

275 P.3d 328 (2012)

167 Wn. App. 677

Patrick H. KOFMEHL, an individual, Respondent, v. BASELINE LAKE, LLC, a Washington limited liability company, Appellant.

Court of Appeals of Washington, Division 3.

April 12, 2012.


Attorney(s) appearing for the Case

George M. Ahrend , Ahrend Law Firm PLLC, Moses Lake, WA, for Appellant.

Michael R. Tucker , Dunn & Black PS, Spokane, WA, for Respondent.


OPINION PUBLISHED IN PART

SIDDOWAY, A.C.J.

¶ 1 When a purchase and sale agreement is determined to be void under the statute of frauds, the court may grant rescission and award restitution, restoring the parties to their precontractual positions. But a purchaser who relies on the statute of frauds to avoid the contract may not obtain restitution if the vendor is ready, willing, and able to perform as agreed...

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