FILE
THE SUPREME COURT OF THE STATE OF WASHINGTON
PATRICK H. KOFMEHL, an individual, )
)
Petitioner, ) No. 87395-0
)
V. ) En Bane
)
BASELINE LAKE, LLC, a Washington )
limited liability company, ) Filed _ _O_O_N_2_0_20_13_ _
)
Respondent. )
)
WIGGINS, J.-Patrick H. Kofmehl contracted to buy a piece of land from
Baseline Lake LLC. By the time of closing, the parties disputed the amount of
land covered by the sale agreement. Kofmehl was willing to close the transaction
only if the disputed portion was included in the sale. Baseline was willing to close
the transaction only if the disputed portion was excluded, and so the sale failed to
close. The trial court invalidated the contract for failure to comply with the statute
of frauds and denied specific performance to either party.
The issue before us is whether Kofmehl is entitled to recover the down
payment he paid before the dispute arose. Under this court's prior cases, a
buyer in a land sale contract that is unenforceable under the statute of frauds
may not recover restitution if the vendor is ready, willing, and able to perform
No. 87395-0
under the terms of the contract. Schweiter v. Halsey, 57 Wn.2d 707, 711, 359
P.2d 821 (1961 ). The trial court made no finding that either party had breached-
let alone repudiated-and probably could not do so without making
determinations of fact. Therefore, we affirm the Court of Appeals, which reversed
the summary judgment granting restitution.
FACTS AND PROCEDURAL HISTORY
I. The Transaction
Baseline acquired title to a property described as "Farm Unit 182, Irrigation
Block 73, Columbia Basin Project, Grant County, Washington, according to the
plat thereof filed November 29, 1951." Clerk's Papers (CP) at 88. Farm Unit 182,
Irrigation Block 73 (FU 182, Block 73), consists of approximately 43 acres. CP at
69.
Baseline subsequently listed for sale two parcels within FU 182, Block 73
totaling 30.12 acres. CP at 99. The listed property consisted of a parcel of 17.40
acres, priced at $935,000, and a parcel of 12.72 acres, priced at $750,000, and
purchasers could buy either parcel separately or both parcels for $1,650,000. /d.
Baseline intended to retain the northwest 3.93 acres of the property to build a
private school. CP at 69. Baseline's survey map, CP at 74, indicates the 17.40-
acre parcel, the 12. 72-acre parcel, and the 3.93-acre parcel labeled
"EXCLUDED." 1
1
The survey map was circulated among the parties prior to the signing of the final
purchase and sale agreement (Agreement). Kofmehl's broker highlighted the map for
Kofmehl to indicate what property was subject to the Agreement.
2
No. 87395-0
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