Fall & Sockeye Fish Co. v. Point Roberts Fishing & Canning Co.

Citations

• 24 Wash. 630
• 64 P. 792
• 1901 Wash. LEXIS 583

Syllabus

<p>FISH AND FISHERIES-LOCATION OF TRAPS-SALE- CAVEAT EMPTOR -EIGHTS OF PURCHASER.</p> <p>Where plaintiff purchased at a receiver’s sale one of two fish traps owned ana operated by defendant, with actual knowledge that the two locations were within the lateral limits allowed by statute, the rule of caveat emptor applies, and plaintiff having purchased with knowledge of the defect must be satisfied therewith, and is not entitled to enjoin defendant from operating its remaining trap within the statutory distance of 2,400 feet from the one purchased by plaintiff, but its remedy is restricted to restraining defendant from moving its trap location closer than it was at the time of sale.</p>