Jennings v. Schwartz

Citations

• 86 Wash. 202
• 149 P. 947
• 1915 Wash. LEXIS 893

Syllabus

<p>Saxes — Conditional Sales — Recording — “Signed” by Vendor— Validity — Subsequent Creditors — Specutc Lien — Necessity. Although a conditional sales contract was not “signed” by the vendor, within the meaning of Rem. & Bal. Code, § 3670, providing that certain conditional sales of personal property shall be absolute as to subsequent creditors, etc., unless within ten days after taking possession by the vendee, a memorandum of the sale signed by the vendor and vendee, be filed in the auditor’s office, it is valid as between the parties, and where the vendor retook possession for default, before any creditor acquired a specific lien on the property and before the appointment of a trustee in bankruptcy, the rights of the vendee were terminated and the trustee acquired no title to the property (overruling on rehearing Id., 82 Wash. 209).</p> <p>Fullerton and Chadwick, JJ., dissent.</p>