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Mieske v. Bartell Drug Co.

Washington Supreme Court

92 Wash. 2d 40, 593 P.2d 1308 (1979)

Facts

Edwin Mieske (plaintiff) took film he had made of his family over the years to Bartell Drug Co. (defendant) to have the reels spliced together into one larger film. Bartell either lost or destroyed the film, and Mieske sued for damages. Mieske asked the court to instruct the jury to award damages in the amount of $7,500, which Mieske stated was the value of the film to him. Bartell argued that damages should be limited to the replacement value of new film. The court ruled in Mieske’s favor, and Bartell appealed.

Rule of Law

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Issue

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Holding and Reasoning (Brachtenbach, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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