House v. Erwin

(dissenting) — The trial court granted a judgment in favor of the plaintiff. The appellate court reversed the trial court in House v. Erwin, 5 Wn. App. 737, 740, 490 P.2d 883 (1971), and recognized that the statute of frauds was an issue to be decided:

In the instant case we are unable to find any express authorization for the agent to attach or write in a legal description. In this respect this case differs from the McKoin [McKoin v. Kunes, 5 Wn. App. 731, 490 P.2d 735 (1971)] Noah [Noah v. Montford, 77 Wn.2d 459, 463 P.2d 129 (1969)] and Meader [Edwards v. Meader, 34 Wn.2d 921, 210 P.2d 1019…