Legal Opinion

O'BRIEN v. Shearson Hayden Stone, Inc.

Washington Supreme Court

Decided January 24, 1980No. 44663PublishedCited by 18 opinions

1Opinion of the CourtDolliver, J.

The first opinion in this case was filed on October 19, 1978, and can be found in 90 Wn.2d 680, 586 P.2d 830 (1978). We adhere to that opinion, but add the following comments:

The heart of the analysis of the defendant is that the Restatement (Second) Conflict of Laws § 203, comments a *52and b (1971) must be read harmoniously. This has been done.

Comment a to section 203 requires the rate of interest to be stipulated in the contract:

The rule of this Section applies only when (1) the interest rate stipulated in the contract is permitted in a state which has a substantial relationship to the…

2Cases cited1 opinion

  1. O'Brien v. Shearson Hayden Stone, Inc.Washington Supreme Court · 1978

3Cited by18 opinions

  1. Kammerer v. Western Gear Corp.Washington Supreme Court · 1981
  2. Mader v. Health Care AuthorityWashington Supreme Court · 2003
  3. Schnall v. AT&T Wireless Services, Inc.Washington Supreme Court · 2011
  4. Schnall v. AT & T WIRELESS SERVICES, INC.Washington Supreme Court · 2011
  5. American Timber & Trading Co. v. First National BankCourt of Appeals for the Ninth Circuit · 1982

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