Bicknell v. Henry

Citations

• 69 Wash. 408
• 125 P. 156
• 1912 Wash. LEXIS 922

Syllabus

<p>Chattel Mobtsases—Transpee or Property—Assumption op Debt—Evidence—Sufpiciency. Tbe purchaser of sbeep upon which there was a chattel mortgage, is shown to have promised to pay the mortgage debt, by clear, satisfactory and convincing evidence, where it appears that he had notice of the chattel mortgage and refused to pay the price without authority from the mortgagees, who, upon reguest of the mortgagor, telegraphed direct to the purchaser that he had their consent to receive the sheep upon paying the balance due, that, upon ascertaining the amount and finding that it exceeded the price and claims of the herder, the mortgagor notified the mortgagees of such fact, whereupon the mortgagees telegraphed direct to the purchaser that they would pay his draft for the shortage, whereupon he drew a sight draft therefor and took possession of the sheep; since he acted upon the authority given, and acceptance of the proposition obligated him to pay the mortgage debt.</p> <p>Ebauds, Statute of—Obiginal Pbomise. A promise by the purchaser of sheep to pay the balance due on a chattel mortgage, in consideration of the consent of the mortgagees to the transfer, is an original promise upon an independent consideration, and not to answer for the debt of another within the statute of frauds.</p>