Legal Opinion

Old National Bank v. Arneson

Court of Appeals of Washington

Decided July 13, 1989No. 9549-5-IIIPublishedCited by 15 opinions

1Opinion of the CourtGreen, J.

Two dispositive questions are presented in this appeal of a declaratory judgment: (1) Is a right of first refusal valid and transferable when it does not comply with the statute of frauds? (2) Did the court exceed the scope of relief sought by invoking on its own motion the unpleaded defense of the statute of frauds? To both questions we answer in the affirmative.

The court's unchallenged findings reveal the following facts. On June 27, 1984, Old National Bank of Washington (ONB), as trustee of the July 13, 1976, trust of Wray D. Farmin, conveyed a 14-acre tract of land to Daryl and Rebecca…

2Cases cited11 opinions

  1. Robroy Land Co. v. PratherWashington Supreme Court · 1980
  2. Bennett Veneer Factors, Inc. v. BrewerWashington Supreme Court · 1968
  3. Northwest Television Club, Inc. v. Gross Seattle, Inc.Washington Supreme Court · 1982
  4. Portland Electric & Plumbing Co. v. City of VancouverCourt of Appeals of Washington · 1981
  5. Feider v. FeiderCourt of Appeals of Washington · 1985

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3Cited by15 opinions

  1. Department of Revenue v. Security Pacific Bank of Washington National Ass'nCourt of Appeals of Washington · 2002
  2. State Dept. of Rev. v. Security Pac. BankCourt of Appeals of Washington · 2002
  3. Park Station Ltd. Partnership, LLLP v. BosseCourt of Appeals of Maryland · 2003
  4. Walters v. SporerNebraska Supreme Court · 2017
  5. Top Line Builders, Inc. v. BovenkampCourt of Appeals of Washington · 2014

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