Helsley v. American Mineral Production Co.

Citations

• 118 Wash. 571
• 204 P. 190
• 1922 Wash. LEXIS 696

Syllabus

<p>Contracts (72) — Entire or Severable Contracts. Whether a contract is divisible or indivisible so as to permit the maintenance of more than one action thereon, is determinable upon the bare facts of the contract itself; and a contract is devisible where it requires a purchaser of automobile trucks to pay a certain sum on a specified date, and also to pay designated accounts and bills due and owing by the seller.</p> <p>Judgment (213-3) — Bar—Matters Concluded — Contracts — Splitting Causes oe Action. A contract for the sale of automobile trucks requiring the purchaser to pay a sum certain in money on a specified date, and also to pay designated accounts or bills then due and owing by the seller, is a divisible one, and judgment in an action to recover the cash payment is not a bar to a subsequent action to recover the amount of the bills and accounts which the purchaser had assumed and agreed to pay as part consideration for the sale.</p>