Legal Opinion

Dearborn Lumber Co. v. Upton Enterprises, Inc.

Court of Appeals of Washington

Decided April 27, 1983No. 10109-9-IPublishedCited by 4 opinions

1Opinion of the CourtRingold, J.

Defendants, Rodney Upton II and Jane Doe Upton, 1 appeal from a judgment against them for monies owed on an account, interest and costs. Upton challenges the plaintiff's capacity to sue and the trial court's findings that the defendant was personally liable for the debt. Finding no error by the trial court, we affirm.

The plaintiff, Dearborn Lumber Company (Dearborn), is a Washington corporation doing business as a seller of construction materials under the name of Alki Lumber and Hardware (Alki). Rodney Upton contacted Alki by phone and placed an order for building supplies. Alki verified…

2Cases cited5 opinions

  1. Thorndike v. Hesperian Orchards, Inc.Washington Supreme Court · 1959
  2. Streater v. WhiteCourt of Appeals of Washington · 1980
  3. Ridgeview Properties v. StarbuckWashington Supreme Court · 1982
  4. Hale v. City Cab, Carriage & Transfer Co.Washington Supreme Court · 1912
  5. Crosier v. CudiheeWashington Supreme Court · 1915

3Cited by4 opinions

  1. Ltown Ltd. Partnership v. Sire Plan, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. In Re the Marriage of HealyCourt of Appeals of Washington · 1983
  3. In Re the Estate of BergauCourt of Appeals of Washington · 1984
  4. Bus. Servs. of Am. II, Inc. v. WaferTech, LLCWashington Supreme Court · 2017

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