Legal Opinion

State v. ANW Seed Corporation

Washington Supreme Court

Decided January 10, 1991No. 56956-8PublishedCited by 21 opinions

1Opinion of the CourtBrachtenbach, J.

Three issues are presented: 1. When a plaintiff executes on an unsuperseded judgment which is later reversed on appeal, what is the measure of restitution to be made by the judgment creditor—proceeds of the sheriff's sale or fair market value of the property sold?

2. Under the Consumer Protection Act, RCW 19.86, where the trial court found no intent to deceive and the consumers who testified were not deceived, was it error for the court to find the defendant's conduct had a tendency to mislead or deceive?

3. In reviewing a trial court's determination of who is a prevailing party, what is the…

2Cases cited15 opinions

  1. Blair v. Washington State UniversityWashington Supreme Court · 1987
  2. State v. Ralph Williams' North West Chrysler Plymouth, Inc.Washington Supreme Court · 1976
  3. State v. McIntyreWashington Supreme Court · 1979
  4. Progressive Animal Welfare Society v. University of WashingtonWashington Supreme Court · 1990
  5. McNeal v. AllenWashington Supreme Court · 1980

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Davenport v. Washington Educ. Ass'nCourt of Appeals of Washington · 2008
  2. Davenport v. Washington Education Ass'nCourt of Appeals of Washington · 2008
  3. Ehsani v. McCullough Family PartnershipWashington Supreme Court · 2007
  4. Ehsani v. McCullough Family PartnershipWashington Supreme Court · 2007
  5. Spahi v. Hughes-Northwest, Inc.Court of Appeals of Washington · 2001

16 more not listed; retrieve them via the Exa API.

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