Carabin v. Wilhelm

Citations

• 87 Wash. 52
• 151 P. 87
• 1915 Wash. LEXIS 1043

Syllabus

<p>Election of Remedies—Acts Constituting—Complaint—Conditional Sales Contract. Where a complaint on a conditional sales contract stated first a cause of action for recovery of the balance of the purchase price, and second a cause in replevin alleging a forfeiture of the contract, there was no election of remedies barring the action in replevin, where at the trial, when the question was first raised, plaintiff promptly elected to proceed in replevin and waived the first cause of action.</p> <p>Sales. In such a case, the introduction in evidence of the unpaid notes given for the purchase price, would not constitute an election to recover the purchase price; as the notes were admissible on the claim of forfeiture.</p> <p>Same—Conditional Sales—Forfeiture — Demand — Reasonable Time. Indulgence to the vendee in regard to installments due on a conditional sales contract of a team of horses does not prevent forfeiture of the contract for default, where the vendor first demanded payment of the amount then due, and then demanded possession of the team, and waited three weeks before taking possession, during which time no payment or tender was made.</p> <p>Replevin—Title of Plaintiff. The right of possession by the vendor after forfeiture of a conditional sales contract will support an action of replevin.</p> <p>Replevin—Defenses—Title. In replevin by the vendor in a conditional sales contract that was forfeited for defaults of the vendee, the defense of plaintiff’s defective title is unavailable in the absence of any evidence in support of the allegation.</p>