Hays v. Bashor

Citations

• 108 Wash. 491
• 185 P. 814
• 1919 Wash. LEXIS 944

Syllabus

<p>Chattel Mortgages (1)—Adsolute Transfer as Mortgage. A bill of sale to a bank cashier of a donkey engine, purchased for the use of loggers, was not intended as a chattel mortgage to secure the loggers’ note for $300 advanced by the bank, where the agreement gave the makers of the note an option to pay it and take title to the engine, or to pay a sum agreed upon as rental for the engine and take back the note; since there was no obligation to pay the note and there could be no security for a debt when there was no debt.</p> <p>Evidence (147, 149) —Parol — To Vary Writing — Contract for Sale of Chattel. A written agreement for the absolute transfer of a donkey engine, showing that it was not security for a debt, cannot be varied by parol evidence drawing conclusions from the transaction that it was intended as a chattel mortgage.</p> <p>Sales (89)—Tender (10-1)—Transfer of Title—Effect of Tender. Under an agreement to transfer a donkey engine upon payment of an agreed price within a certain time, timely tender does not operate to transfer the title.</p> <p>Reflevin (6) —Tender (10-1) —Title of Plaintiff — Effect of Tender. Replevin presupposes title in the plaintiff, and does not lie on timely tender of the price of a donkey engine; but the remedy is for breach of contract or specific performance.</p>