Esmond v. Richards

Citations

• 112 Wash. 641
• 192 P. 917
• 1920 Wash. LEXIS 756

Syllabus

<p>Sales (95)-—Rights and Liabilities Between Parties—Default in Payment—Passing of Title. Default in the payment of $150 boot money on trading a light for a heavy team of horses, does not prevent the passing of title, where there was an exchange of possession and credit was given for the payment.</p> <p>Replevin (47)—Value of Property—Alternative Judgment— Amount. In replevin for a team of horses, defendant, who was deprived of possession by the writ, is not bound by the value alleged in the plaintiff’s complaint, or limited to that sum upon a successful defense of the suit.</p> <p>Same (36)—Value of Use of Property' Detained—Measure of Damages. Upon replevin for a team of horses, defendant, who was deprived of possession hy the writ, is entitled to judgment for the value of the use of the team during the pendency of the action.</p> <p>Same (44)-—Judgment—Form. In replevin for a team of horses, in which it was admitted that defendant was liable for a balance of $150, a judgment for defendant for a return of the team, or in the alternative, for its value, will not he construed as denying plaintiff the right to the offset.</p>