Preview:

FILE

THE SUPREME COURT OF THE STATE OF WASHINGTON
PATRICK H. KOFMEHL, an individual, )
)  
Petitioner,  )  No. 87395-0  
)  
V.  )  En Bane  
)  

BASELINE LAKE, LLC, a Washington )
limited liability company, ) Filed __O_O_N_2_0_20_13__ )
Respondent. ) )

WIGGINS, J.-Patrick H. Kofmehl contracted to buy a piece of land from Baseline Lake LLC. By the time of closing, the parties disputed the amount of land covered by the sale agreement. Kofmehl was willing to close the transaction only if the disputed portion was included in the sale. Baseline was willing to close the transaction only if the disputed portion was excluded, and so the sale failed to close. The trial court invalidated the contract for failure to comply with the statute of frauds and denied specific performance to either party.
The issue before us is whether Kofmehl is entitled to recover the down payment he paid before the dispute arose. Under this court's prior cases, a buyer in a land sale contract that is unenforceable under the statute of frauds may not recover restitution if the vendor is ready, willing, and able to perform under the terms of the contract. Schweiter v. Halsey, 57 Wn.2d 707, 711, 359 P.2d 821 (1961 ). The trial court made no finding that either party had breached

Download 87395-0.pdf

Washington Law