Columbia Park Golf Course, Inc. v. City of Kennewick

¶58 (dissenting) — The courts of this state have not yet determined when parties can enter into an agreement that contemplates an additional future agreement, let alone the proper standard for awarding damages for breach of such agreements. Like the majority, I conclude that contracts that imply future negotiation will take place are valid. However, I would hold that only reliance damages are recoverable in cases of breach of those contracts. Expectation damages are too speculative to be awarded in this case and are inconsistent with Washington’s “new business rule.”

Korsmo, A.C. J.

Contracts…