Cuschner v. Longbehn
Citations
- 44 Wash. 546
- 87 P. 817
- 1906 Wash. LEXIS 873
Syllabus
<p>Appeal — Record—Statement oe Pacts. Where amendments have been proposed to a statement oí facts, the court is without jurisdiction to certify the statement when no notice of settlement has be'en given, and a statement so certified will be stricken.</p> <p>Judgment — Res Adjudioata. A judgment against the vendor of personal property denying his right to recover possession, in an action brought on the theory that the transaction was a conditional sale, is res adjudicata and a bar to a subsequent action of replevin brought by the plaintiff against the same vendees on the theory of rescission of the sale for fraudulent representations of the vendees inducing the sale.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the rule of construing an ambiguous contract against its drafter “is not to be resorted to unless necessary” and “[w]here satisfactory results can be reached by other rules of analysis and construction, it may not be invoked”
- the rule to construe against the drafter should not be used if other rules of construction reach the intent of the parties
- the rule to construe against the drafter should not be used if other rules of construction reach the intent of the parties
Source: CourtListener parenthetical corpus (CC0).
Judges: Crow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.