Breaks v. Spokane Auto Co.

Citations

• 93 Wash. 143
• 160 P. 291
• 1916 Wash. LEXIS 1164

Syllabus

<p>Sales — Conditional Sales — Forfeiture—Waiver. Where plaintiff purchased an automobile for $1,220, paying $1,000 in cash, taking a conditional bill of sale and giving a note for the balance, and afterwards left the ear for resale with defendant, who offered to find some plan for disposing of the car so that plaintiff could get his money out of it, and plaintiff relied thereon, it is unconscionable to enforce a forfeiture, upon defendant’s repairing the car at a cost of $242, and selling it for $1,000, without any declaration of forfeiture.</p> <p>Equity — Maxims. A small item of $11.80 interest on a repair bill, that possibly was offset against other items involved, may be disregarded on the principle of de minimus non curat lex.</p>