Legal Opinion

Caine & Weiner v. Barker

Court of Appeals of Washington

Decided February 18, 1986No. 13641-1-IPublishedCited by 15 opinions

1Opinion of the Court

*836Scholfield, C.J.

—Linn D. Wise appeals from the trial court's denial of his motion for post-judgment attorney's fees, which he alleges were provided for in the promissory note upon which his judgment was based.1 Wise assigns error to the court's finding that the note, along with its attorney's fees provision, merged with and was extinguished by the judgment. We affirm.

Facts

In June 1975, Van Barker, d/b/a Tex Williams Record Shop, purchased instruments from Pacific Music Supply Company in California. Barker signed a promissory note for $5,527.46 and Linn D. Wise cosigned. The note provided that:

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Associated Indemnity Corp. v. WachsmithWashington Supreme Court · 1940
  2. Granite Equipment Leasing Corp. v. HuttonWashington Supreme Court · 1974
  3. Ware v. PhillipsWashington Supreme Court · 1970
  4. Puget Sound Mutual Savings Bank v. LillionsWashington Supreme Court · 1957
  5. Nelson v. NelsonArizona Supreme Court · 1962

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3Cited by15 opinions

  1. Monarc Construction, Inc. v. Aris Corp.Court of Special Appeals of Maryland · 2009
  2. Florida Pottery Stores of Panama City, Inc. v. American Nat. BankDistrict Court of Appeal of Florida · 1991
  3. Boeing Employees' Credit Union v. BurnsCourt of Appeals of Washington · 2012
  4. Estate of Michael v. GLACIER GEN. ASSUR.Montana Supreme Court · 1994
  5. O'Keefe v. Glacier General Assurance Co.Montana Supreme Court · 1994

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