In re Covington Lumber Co.

Citations

• 225 F. 444
• 1914 U.S. Dist. LEXIS 1266

Syllabus

<p>Sales <@=462—Conditional Sales—Priority—“Sign.”</p> <p>Rem. & Bal. Code Wash. § 3670, declares that all conditional sales of personal property, where the vendee is given possession, shall be absolute as to purchasers, incumbrancers, and subsequent creditors in good faith, unless within 10 days after taking possession a memorandum of the sale, stating its terms and conditions, and signed by the vendor and vendee, shall be filed in the auditor’s office of the county of the vendee’s residence. An instrument showing a conditional sale was filed and entered with the county auditor of the county of the vendee’s residence 'and indexed under appropriate heads, showing the time of filing, name of vendor, name of vendee, date of the instrument, and the amount of the purchase price. The instrument, however, contained only the vendor’s printed name, though it was signed as accepted by the vendor’s salesman. Held that, as the delivery of the goods by the vendor was an acceptance, and as it is immaterial whether the signature be printed or not, the word “sign” meaning to attach a name or cause it to be attached to a writing by any of the known methods of impressing a name on paper, the vendor could, upon the vendee’s nonperformance, retake the property.</p> <p>[Ed. Note.—For other cases, see Sales, Cent. Dig. § 1350; Dec. Dig. <@=462.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Sign.]</p> <p>other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>