Fidalgo Island Shingle Co. v. Brown

Citations

• 61 Wash. 516
• 112 P. 629
• 1911 Wash. LEXIS 1111

Syllabus

<p>Trover and Conversion — What Constitutes — Conditional Sales. An attempted sale by one holding property under a conditional sale contract, without the consent of the owner, the changing of possession, and the use of the property by the assigns without paying up or acquiring title, is a conversion as against the owner and original vendor.</p> <p>Same — Pleading—Complaint—Sufficiency. A complaint in conversion states a cause of action when it alleges title to the property in the plaintiff, its wrongful taking without consent, demand for payment and refusal, and use, damage and destruction by the defendants.</p> <p>Same — Defenses—Return of Property. Upon the conversion of property, the owner may treat it as such and is not required to take hack the property, whatever its condition.</p>