Aloha Lumber Corporation v. Boise Cascade Corporation

19 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ALOHA LUMBER CORPORATION, Plaintiff-Appellant, v. BOISE CASCADE CORPORATION, Defendant-Appellee. No. 92-36729. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1994. Decided Feb. 18, 1994. Before: GOODWIN, SCHROEDER, and NORRIS, Circuit Judges. 1 MEMORANDUM * 2 Aloha Lumber Corporation appeals a judgment by the district court holding that its agreement with Boise Cascade Corporation to pay $500,000 for the right to unilaterally terminate its obligations under a $43.2 million real estate purchase agreement was a valid and enforceable liquidated damages clause under Washington law. We affirm. 3 Aloha Lumber entered into a written agreement to purchase for $43.2 million approximately 89,000 acres of prime Northwest timberland owned by Boise Cascade. The sale was contingent on Aloha Lumber's ability to obtain financing. Pursuant to section 2.1 of the purchase and sale agreement, Aloha Lumber…