Allis-Chalmers Manufacturing Co. v. City of Ellensburg

Citations

• 108 Wash. 533
• 185 P. 811
• 1919 Wash. LEXIS 943

Syllabus

<p>Sales (177, 178)—Conditional Sales — Operation as to Third Persons—Transfer of Title. The reserved title of the vendor of machinery under a conditional sales contract is not affected by the fact that it was knowingly purchased by a contractor to be installed in a municipal power plant; especially where the contract did not authorize the vendee to dispose of the property to the city, but expressly reserved title until fully paid for “whatever may be the mode of its attachment to realty or otherwise.”</p> <p>Same (176, 178)—Conditional Sales — Recording — Actual Notice. Constructive notice by recording a conditional sales contract is not essential to protect the vendor’s title, where the city had actual notice, prior to installation, that the machinery for a power plant was sold to the contractor under a conditional sales contract reserving title in the vendor, and that the purchase price was not paid.</p> <p>Sales (180, 183)—Conditional Sales—Election of Remedies by Seller—Against Third Persons. Where machinery was conditionally sold by plaintiff to a contractor to be installed in a municipal power plant, a complaint primarily seeking recovery of the machinery after it was installed, but alleging that the city agreed and assumed to pay the balance due, and in the prayer presenting an alternative for the recovery of the balance due upon the purchase price, does not show an election on the part of plaintiff to waive title to the machinery and sue for the price.</p> <p>Municipal Corporations (565)—Claims — Presentation. The filing of a claim against a city is not a condition precedent to action the gist of which was to recover machinery conditionally sold to a contractor and installed in a city power plant, notwithstanding an alternative prayer in the complaint offering to take judgment against the city for the balance due on the purchase price, which it is alleged the city assumed and agreed to pay.</p> <p>Sales (177)—Conditional Sales—Title of Vendor—Attaching Prop