Eilers Music House v. Fairbanks

Citations

• 80 Wash. 379
• 141 P. 885

Syllabus

<p>Sales — Conbitional Sales — Consignment to Agent. Where pianos were consigned to agents to be sold at stated prices, and returns made on sales in cash or approved notes of the purchasers secured on the instruments sold, and goods not sold within 90 days to be subject to the principal’s orders, the transaction was a consignment for sale upon commissions, and not a conditional sale, within Rem. & Bal. Code, § 3670, requiring conditional sales to be filed for record.</p> <p>Factors — Powers — Title to Property — Sale lor Preexisting Debt. A factor of goods consigned for sale on commission cannot sell or pass title in consideration of a preexisting debt, regardless of whether the purchaser had notice that he was a factor; innocent purchasers not being protected where they acquire goods of a factor outside of accustomed methods.</p>