Legal Opinion · Dissent

Honey v. Davis

Washington Supreme Court

Decided February 6, 1997No. 63429-7Published

1DissentSanders, J.

(dissenting) — Of course I dissent for self-evident reasons. Lessors who subordinate their reversion-ary fee interest may stand as principals to the creditor and sureties to the lessee. As such they are entitled to reimbursement from the lessee after they have discharged an obligation for which the lessee was the principal obligor. This is the necessary result in law and equity.

When Mid-Valley and the Honeys signed their original lease in February 1984 they agreed their legal relationship would be that of landlord-tenant. However, the rider to the subsequent June 1985 deed of trust did not…

2Cases cited10 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. Margola Associates v. City of SeattleWashington Supreme Court · 1993
  3. Fluke Capital & Management Services Co. v. RichmondWashington Supreme Court · 1986
  4. State Fidelity Mortgage Co. v. Varner, Texas Court of Appeals, 1st District (Houston)1987
  5. Matthews v. HintonCalifornia Court of Appeal · 1965

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