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BORTON & SONS, INC. v. BURBANK PROPERTIES

No. 36189-6-III.

444 P.3d 1201 (2019)

BORTON & SONS, INC., a Washington State corporation, Appellant, v. BURBANK PROPERTIES, LLC, a Washington State limited liability company, Respondent.

Court of Appeals of Washington, Division 3.

FILED July 16, 2019.

Attorney(s) appearing for the Case

Mark Everett Fickes , John Jay Carroll , Halverson Northwest Law Group PC, P.o. Box 22550, Yakima, WA, 98907-2550, for Appellant(s).

Joel R. Comfort , Miller Mertens & Comfort PLLC, 1020 N. Center Pkwy. Ste. B., Kennewick, WA, 99336-7161, for Respondent(s).

PUBLISHED OPINION

¶1 Equity will permit an option to purchase property to be exercised late in order to avoid a forfeiture when significant improvements have been made to the property. The trial court ruled that respondent Burbank Properties satisfied this condition and allowed the option to be exercised a mere eight days...

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