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Wagers v. Associated Mortgage Investors

Washington Court of Appeals
577 P.2d 622 (1978)


Facts

Robert L. Wagers (plaintiff) began negotiations with Associated Mortgage Investors (AMI) for the sale of 104 building lots. On February 9, 1976, Wagers submitted an earnest money agreement to AMI for $250,000. On March 29, 1976, AMI responded that the Board of Trustees approved the earnest money agreement, but were increasing the price to $270,000. AMI returned the earnest money agreement to Wagers. AMI’s attorney contacted Wagers on March 30, 1976 in a letter informing Wagers that approval of Wagers’ earnest money agreement at the new price of $270,000 would still be contingent on the Board’s approval. Wagers’ attorney responded on April 6, 1976 by letter to confirm that the property had been sold to Wagers and indicated that in reliance on the sale, Wagers had begun to obtain the necessary financing. AMI’s attorney responded on April 6, 1976 stating that the Board’s approval was still pending and Wagers was incorrect in the understanding that the property had been sold to Wagers. Wagers sued AMI for specific performance and for breach of contract. AMI filed a motion to dismiss Wagers’ specific performance claim on summary judgment. The trial court entered AMI’s motion for summary judgment. Wagers appealed.

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Holding and Reasoning (Dore, J.)

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