Bickford v. Hupp

Citations

• 83 Wash. 427
• 145 P. 454
• 1915 Wash. LEXIS 703

Syllabus

<p>Tbover and Conversion — Constructive Possession of Defendant. Where goods of plaintiff and defendant were stored together in a warehouse, a subsequent sale by the defendant of the goods of both parties to a third person, and removal by the latter, was a conversion, as the sale by defendant constituted a constructive possession and assumption of ownership on his part.</p> <p>Compromise and Settlement — Evidence—Question for Jury. In an action to recover the value of certain goods alleged as converted by defendant to his own use, in which the defendant set up a compromise and settlement, a question for the jury was presented where defendant claimed the settlement covered payment for the goods and plaintiff testified that the money paid him by defendant was merely for the contract price of certain construction work and that the goods were not taken into consideration in the settlement.</p> <p>Appeal — Review—Harmless Error — Admission of Evidence. Error in not striking a deposition of a witness showing a sale of plaintiff’s goods by defendant was harmless, where such sale was conceded on the trial by defendant.</p>