Corbray v. Stevenson

Brachtenbach, C.J.

(concurring)—I agree with the majority that the determinative issue is whether Dr. Stevenson waived his right to terminate Mrs. Corbray's option to purchase the disputed property. However, I also want to express frustration over not reaching the merits of that issue at this time. This is a simple case of a breached lease that incredibly has expanded into two separate superior court trials, two Court of Appeals decisions, as well as this majority opinion. Unfortunately, the record before this court is not yet sufficient to allow a determination of the lessor's intent or the number and amounts of delinquent payments the lessor might have accepted. Since these elements are necessary to a finding of waiver, we remand the case to complete those findings. Stevenson v. Parker, 25 Wn. App. 639, 608 P.2d 1263 (1980).

Reconsideration denied February 15, 1983.