Bank of California National Ass'n v. Mortgage Co.

Citations

• 104 Wash. 196
• 175 P. 956
• 1918 Wash. LEXIS 1151

Syllabus

<p>Principal and Agent (69) — Rights as to Third Parties — Actions — By Agent. A bank paying money as agent under a mistake of fact and contrary to the strict directions of its principal, may sue to recover it back.</p> <p>Monet Received (6) — Persons Liable. Defendant is liable for money had and received where, by altering the receipt, he obtained possession from a bank messenger of money conditionally tendered, and refused to perform the conditions.</p> <p>Tender (7) — Conditions. A conditional tender must be strictly followed or entirely refused.</p>